~~FiI?ER ISO. '_11:-~ ARF~FtOVAL AND AC:CEF~TAN[1E OF RULES AND REGULATIONS OF Ia;EIzR COUNTY FOR ON-SI1-E SEWAGE E=AC:tLil'F~S AND E:Sff71~1_TSHMEN"f CJF EFFECTIVE: I?Al"F= On this the `lath day of Se ptember^ 199c, ~_~pon motiotr made by Commissioner^ Holekamp, seconded by Commissi.aner^ Oehler^, the Co~_~r^t unania~ously approved by a vote of 4-0-0, to accept the tSerr Co~_~nty R~_tles and Rec~~_il~~?.tions adopted by C^.ommissioners' Co~_~rt on Apr^i 1 1.';, 199 and approved by the Texas Water Commission September 1-T, 199.:'_, to become effective Dctober, i, 199_. ~ ~' John Hall, Chairman , ' Pam Reed, Commissioner ,~ Peggy Garner, Commissioner ~ . •;~ TEXAS WATER COMMISSION PROTECTING TEXANS' flEALTff AND SAPF.TY BY PREVL'NT/NG AND REDUCING POLLUTION September 17, 1992 Honorable W. G. "Bill" Stacy Kerr County Judge Kerr County Courthouse Kerrville, Texas 78028 SUBJECT: Authorized Agent Designation Order No. 089 Kerr County, Texas Dear Judge Stacy: Enclosed is the original Agent Designation Order No. 089 signed by Executive Director, Jesus Garza. It designates Kerr County as an authorized agent of the Texas Water Commission for the purpose of regulating on-site sewerage facilities in the area prescribed in Chapter 2 of said County's On-site Waste Disposal Order No. 20862. Your County's involvement in this program is appreciated. This agency shall provide expeditious assistance at your request. If our technical consultation services are desired in the continuance of Kerr County's program or if there are questions relating to the enclosure, do not hesitate to contact our On-site Wastewater Team at 512-463-8260. Sincerely, Mary At~tbrose, Manager Ground Water Section THJ:re Enclosure ccs: Kerr County Environmental Unit ATTN: Mr. David Litke, R.S. Texas Water Commission District 8 P.O. Box 13087 • 1700 North Congress Avenue • Austin, Texas 78711-3087 • 51'l/463-7830 PHIA I~PU l~fG kECI'(:I 1-:1~ 1':~I'!;h IN THE MATTER OF THE APPLICATION OF § BEFORE THE KERR COUNTY, TEXAS § TEXAS WATER COMMISSION AGENT DESIGNATION ORDER NO. 089 The undersigned Executive Director, having reviewed and considered On-Site Waste Disposal Order No. 20862 adopted by the Commissioners' Court of Kerr County, Texas, on the 13th day of April 1992, and having found said Order to be in compliance with the requirements of Chapter 366, Texas Health and Safety Code, and the provisions of TAC Title 31, Sec. 285.105 adopted thereunder, SAID ORDER IS HEREBY APPROVED, and KERR County, Texas, is hereby designated Authorized Agent of the Texas Water Commission to regulate On-Site Sewage Disposal Systems in those areas to which said Order is applicable, AND IT IS SO ORDERED. Done at Austin, Travis County, Texas, on the 17th day of September 1992. Jesus Garza Executive Director f1kC2S..C13:LC~1 d!,y~1L0. lY.loL PATRIC' YE L.53p-m• ~~ Co rc aas ~, oeoW OR~iER NO. '~~t362 AGGEPTAMG~: OF RULES ANU REGULATIONS FOR ON-SITE SEWERAGE FALILI'I'IES On this the 13th day of April 19y2, upon motion made by s~ommissionM r Oehler, seconded by Gommis5_ionFr Lackey, tr,e ~~ourt unanimously approved by a vote of 4-0-0, to accept the Rules and Regulations of On-Site Sewerage Facilities a~. posted for public viewing and submit to the Texas Water Commission for final approval. PROPOSED RULES AND REGULATIONS OF KERB COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES As amended and submitted to the Commissioners' Court of Kerr County, Texas on March 9, 1992 FAe~ ~~^ DaY o1~A.0. 1 PATR~C'A ~vf ~ ~ ~. er ouc:y t r . ounty.Texas gy OeDu41 RULES OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES CHAPTER 1. DEFINITIONS CHAPTER 2. ESTABLISHMENT AND GENERAL PROVISIONS 2.01. Authority 2.02. Purpose 2.03. Area of Jurisdiction 2.04. Effective Date 2.05. Incorporation by Reference 2.06. Construction, Precedence, and Interpretation 2.07. Severability CHAPTER 3. ADMINISTRATIVE PROVISIONS 3.01. Exception 3.02. Appeal 3.03. Notice 3.04. Fees CHAPTER 4. DUTIES AND POWERS 4.01. Duties and Powers CHAPTER 5. LAWFUL DISCHARGES AND REQUIREMENTS 5.01. Lawful Discharges 5.02. Requirements 5.03. Prohibitions 5.04. Discharge of Greywater S.OS. Maintenance Requirements 5.06. Installers CHAPTER 6. CONSTRUCTION AND OPERATION REQUIREMENTS 6.01. Requirements for New On-Site Sewage Facilities 6.02. Permit to Construct 6.03. Inspection by Licensing Authority 6.04. Issuance of Permit to Construct 6.05. License to Operate CHAPTER 6. (Cont'd) 6.06. Unlicensed On-Site Sewage Facilities 6.07. Terms of Licenses 6.08. Special Requirements for Institutions 6.09. Special Requirements for Designed Facilities 6.10. Special Requirements for Surface Irrigation Facilities CHAPTER 7. APPLICATION TO RECONSTRUCT, ALTER, EXTEND, OR REPAIR 7.01. Permit Required 7.02. Application for Permit 7.03. Application for a Currently Licensed Facility 7.04. Application for an Unlicensed Facility 7.05. Repairs 7.06. Emergency Repairs 7.07. Variance CHAPTER 8. SALE OR TRANSFER INSPECTIONS 8.01. Application for Reinspection or Initial Inspection 8.02. Inspection and Permit -Licensed Facilities 8.03. Inspection and Permit -Unlicensed Facilities 8.04: Issuance of License 8.05. License Requirements CHAPTER 9. SUBDIVISIONS 9.01. Licensing Authority Recommendations 9.02. Application 9.03. Lot Sizes and Requirements 9.04. Notice CHAPTER 10. ENFORCEMENT 10.01. Informal 10.02. Criminal 10.03. Civil 10.04. Failure of Licensed Facilities ii APPENDICES I. Construction Standards for On-Site Sewage Facilities II. Guide to Soil Suitability for On-Site Wastewater Systems for Ken County, Texas III. On-Site Surface Application of Treated Wastewater IV. On-Site Surface Application of Greywater V. List of State-Approved On-Site Aerobic Treatment Units VI. Fee Schedule iii CHAPTER 1 DEFINITIONS The following words and terms including those found in the Standards, when used in these Rules, shall have the following meanings, unless otherwise defined or unless the context clearly indicates otherwise: "Absorption Unit" -Any subsurface facility that primarily relies on soil absorption in an absorption trench or absorption bed to dispose of the effluent from a wastewater treatment unit. "Alteration" or "Alterations" -Any change by which either of the treatment unit or disposal unit is replaced, or by which the function or design of such unit is changed. "Code" -Texas Health and Safety Code. "Commissioners' Court" -The Commissioners' Court of Kerr County, Texas. "Dedicated Waste Disposal Area" - 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 facility. "Designated Representative" - Means the Ken County Environmental Health Department (KCEHD), its Director, staff, or other person or agency designated by the Commissioners' Court in Chapter 4 of these Rules to have the duties and powers to administer and enforce these Rules. "Evapotranspiration Unit" - A subsurface sewage disposal facility which relies on soil capillary action and plant uptake to dispose of treated effluent through surface evaporation and plant transpiration. "Existing On-Site Sewage Facilities" -Any on-site sewage facility that has a license or to operate under any previous rule, order, or resolution of Kerr County regarding private sewage facilities or on-site sewage facilities, including those facilities that were exempt from the licensing requirements in effect at the time of the installation of the facility. Such a facility shall be considered to be a licensed on-site sewage facility under these Rules as long as that facility is not causing pollution, a threat to the public, or nuisance conditions; or is not altered, extended or repaired after the effective date of these Rules. "Extension" -Any addition to an on-site sewage facility increasing the sizes of treatment and disposal capacities. "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. "Fixture" or "Fixtures" -Any water consuming equipment which discharges it's wastewater into an on-site sewage facility, i. e. , commodes, lavatories, bathtubs, shower stalls, clothes washing machines, sinks, garbage disposal units, dishwashing machines, hot tubs, and all other devices of like functions and nature, or connections for any of the above. "Installer" - A person who is licensed by the State of Texas to install on-site sewage facilities. "Institution" -Any establishment other than asingle-family residence. above). "License" - A License to Operate as required by Chapter 6 of these Rules. "Licensing Authority" -The Designated Representative (see Designated Representative, "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, or as further defined in Section 366.002 of the Code. "On-Site Sewage Facility (OSSF)" or "On-Site Sewage Disposal System" -All facilities and methods used for the disposal of sewage other than disposal systems that are operated under a permit issued by the Texas Water Commission. 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 drain field that may be an absorption trench or bed, or an evapotranspiration bed). Such facilities include septic tanks, pit privies, cesspools, sewage holding tanks, injection wells used to dispose of sewage, chemical toilets, treatment tanks, and all other facilities, systems, and methods used in the disposal of sewage. The term also includes greywater systems. "Organized Disposal System" -Any publicly or privately owned facility or system for the collection, treatment, and disposal of sewage that is operated in accordance with the terms and conditions of a valid waste discharge permit issued by the Texas Water Commission. "Owner" - A person which owns a building or property serviced by an on-site sewage facility. For purposes of these Rules, a purchaser on a contract for deed or other similar instrument, is an owner. 2 "Permit" - A Permit to Construct as required by Chapter 6 of these Rules. "Person" -Any individual, corporation, organization, government or governmental subdivision or agency, business, trust, estate, partnership and any other legal entity or association, including, but not limited to, owners, developers, installers, operators, or any other person responsible for the construction, installation, or operation, of an 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 enjoyment of the water for any lawful or reasonable purpose. "Proposed Individual or Public Water Supply Wells or Systems, or Proposed Organized Disposal System" -Any such well, facility, or system for which the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for the construction of such well, facility, or system that will be completed within a reasonable time. "Repair" -Replacement or restoration of one or more components of an on-site sewage facility. The term applies to the correction or remedy of a malfunction or nuisance. This term does not include components which are replaced or restored incident to ordinary, routine, or normal maintenance. "Sewage" -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 Dwelling" - A habitable structure constructed on, or brought to its site, and occupied by members of one family. "Single-Family Residence" - Asingle-family dwelling. "Standards" -The standards set forth in the pamphlet entitled "Construction Standards for On-Site Sewage Facilities", which were adopted by the Texas Department of Health, pursuant to Chapter 366 of the Texas Health and Safety Code, as Texas Department of Health Rules 25 TAC 301.8-301.17 and which were originally published in 12 TEXAS REGISTER 2226, and includes all future amendments by any agency of the State of Texas. "State" -The State of Texas and its agencies. "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 Ken County 3 Subdivision Regulations; or mobile home park; or any lot or tract used or intended to be used for multifamily dwellings, including but not limited to apartments, duplexes and condominiums. "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 temtorial 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. 4 CHAPTER 2 ESTABLISHMENT AND GENERAL PROVISIONS 2.01. AUTHORITY. These Rules are adopted by the Commissioners' Court of Ken County, Texas, acting in its capacity as the governing body of Ken County. Ken County adopts these Rules under the authority of Chapter 366 of the Texas Health and Safety Code. 2.02. PURPOSE. The purpose of these Rules is to abate or prevent pollution, nuisance conditions, or injury to the public health in Kerr County, Texas. 2.03. AREA OF JURISDICTION. These Rules shall apply to all of the area of Kerr County except for the areas regulated under an existing Texas Water Commission Rule and the areas within the boundaries of the incorporated cities and towns of Ken County. 2.04. EFFECTIVE DATE. These Rules shall become effective upon their approval by the Texas Water Commission. 2.05. INCORPORATION BY REFERENCE. (a) The Standards and all future amendments and revisions thereto are incorporated by reference and are thus made a part of these Rules. A copy of the current Standards is attached to these Rules as Appendix I. (b) The rules of the Texas Water Commission on abatement yr prevention of pollution and the prevention of injury to the public health are hereby incorporated by reference. 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, the more stringent and applicable of the two documents shall take precedence. 5 (c) The Licensing Authority shall, within the purpose of these Rules, resolve any question regarding any interpretation of these Rules or the Standards. The decision of the Licensing Authority shall be final unless appealed to the Commissioners' Court as provided for by these Rules. 2.07. SEVERABILITY. If any provision of these Rules or 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. 6 CHAPTER 3 ADMINISTRATIVE PROVISIONS 3.01. EXCEPTION. (a) Where a particular situation is not covered by these Rules or an interpretation of these Rules is required, the Licensing Authority shall make a written finding or interpretation subject to appeal to the Commissioners' Court as provided for in this chapter. (b) 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. (c) Within ten (10) 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 fifteen (15) days of the date of the document giving notice of the action or decision, or within thirty (30) days of the action or decision, if no document is given, appeal to the Commissioners' Court. (b) The appeal shall be initiated by filing an original and six copies of the written objection with the County Judge. 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 the written objection. (c) When an objection is filed, the County Judge 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 County Judge shall forward a copy of the objection to the Licensing Authority and notify the Licensing Authority and the complainant of the date that the matter will be heard. 7 (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) Upon the submission of a completed application for any permit or other authorization contemplated by these Rules, the applicant shall be informed of his right to appeal and shall be provided with a copy of sections 3.02 and 3.03 of these Rules. 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. A list of fees currently in force is attached hereto as Appendix IV. Such fees shall be paid with the filing of an application for a permit, license, or authorization, written request for an inspection or exception, or appeal. No such document shall be considered filed until the fees are received. Fees are not refundable. 8 CHAPTER 4 DUTIES AND POWERS 4.01. DUTIES AND POWERS. (a) The Kerr County Environmental Health Department (KCEHD) is designated by the Commissioners' Court to be the Designated Representative (referred to herein as the Licensing Authority) for these Rules within Kerr County and thus has the duty, and necessary powers, to administer and enforce these Rules. The KCEHD as the Designated Representative (Licensing Authority), shall have the following duties and necessary concomitant powers: (1) To organize, plan, and establish procedures for Department operation and shall establish and maintain all records, forms, and files relating to the Department. (2) To enforce these Rules, file criminal complaints, and to make appropriate recommendations to proper County authorities when instances of noncompliance with these Rules have been determined. (3) To make inspections of any existing on-site sewage facilities, when requested or required. (4) To inspect, test, and make written evaluations of site and soil conditions and suitability on each site upon which an on-site sewage facility is proposed to be located. Such inspection and evaluation may include but is not limited to digging of test holes, collecting soil samples, and assessment of topography, drainage, and ground water, and such other tests as may, in the discretion of the Licensing Authority, be required. (5) To collect all fees set by the Commissioners' Court as necessary to recover the reasonable costs incurred in meeting the requirements of these Rules. (b) To make monthly reports to the Commissioners' Court on all actions, including legal actions, taken concerning these Rules. (7) To perform all other duties necessary to meet the requirements of these Rules. 9 CHAPTER 5 LAWFUL DISCHARGES AND GENERAL REQUIREMENTS 5.01. LAWFUL DISCHARGES. (a) Only the following types of sewage discharges shall be lawful: (1) Sewage discharged into an organized disposal facility operating under a valid permit issued by the Texas Water Commission. (2) Sewage discharged into an on-site sewage facility designed, installed, licensed, operated, and maintained in accordance with these Rules. (3) Sewage discharged into an unlicensed on-site sewage facility that was in use on March 22, 1988, that has not been altered, repaired, or extended 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) Except as otherwise provided for herein, a permit or other applicable authorization is required to operate, construct, alter, repair, or extend an on-site sewage facility. (b) Only the person owning or having the right of possession and use of the parcel of land upon which a proposed on-site sewage facility is to be located, may apply for an on-site sewage facility permit. (c) The design, construction, and installation of any new on-site sewage facility, and the alteration, repair, or extension of any licensed or existing on-site sewage facility shall, at a minimum, meet the requirements set forth in the Standards and these Rules for its particular type and design. (d) The construction, installation, alteration, repair, or extension of an on-site sewage facility shall be made in accordance with the approved design and requirements of the permit or authorization issued therefor. (e) The effluent from an on-site sewage facility, whether using an aerobic or anaerobic treatment unit, must be discharged on-site 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. 10 (1) In areas where soils are unsuitable for conventional on-site sewage facility, effluent from an alternative treatment unit may be discharged to the ground surface by irrigation if the Licensing Authority determines that the method will not create a nuisance and the practice complies with the Standards and policies of the Texas Water Commission. (2) No facility utilizing surface irrigation shall be permitted without proof of a valid and binding maintenance agreement with a valid maintenance company as provided by § 5.04 of these Rules. (f) Off-site discharge of effluent is not permitted under any circumstances (g) All discharge of effluent from an aerobic treatment unit shall meet National Sanitation Foundation, Standard 40, Class I aerobic systems or equal as approved and listed by the Texas Water Commission. (h) Where soil conditions permit the use of conventional septic systems, the use of a three-tank facility is encouraged. Such a facility must comply with all requirements of the Standards, including volumetric capacity. (i) An on-site sewage facility of asingle-family residence that is or will be located on a land tract that is 25 acres or larger in which the field line or sewage disposal line is not closer than 200 feet to a property line nor closer than 150 feet from a water well is exempt from the permitting requirements of these Rules if the facility or system will not create a nuisance or pollute or threaten to pollute groundwater. A person who installs an on-site sewage facility on a land tract that is 25 acres or larger shall, within 30 days of the installation of the facility, notify the Licencing Authority of the installation, its location and shall certify that the facility: (1) Is located on a tract of land that is 25 acres or larger; (2) Is not closer than 200 feet to a property line; (3) Is not closer that 150 feet from a water well; and (4) Such other information that the installer or owner desires to submit for record purposes. (j) Mobile home or a recreational vehicle parks are not eligible for the 25 acre exemption and must obtain a permit for a collective on-site sewage facility or individual permits for each individual trailer located at the site. (k) Tracts 25 acres or larger that contain more than one single-family residence aze not exempt from this chapter. Exceptions may be granted by the Licensing Authority 11 based upon soils, density, spacing, or any other relevant factor. Effluent from the on-site sewage disposal facility of asingle-family residence must be retained within the specified limits, may not create a nuisance, and may not pollute or threaten to pollute groundwater. 5.03. PROHIBITIONS. (a) No person may cause, suffer, allow, or permit the construction, installation, repair, extension, or other alteration of an on-site sewage facility unless a license, applicable license amendment, or other written authorization has been obtained. (b) No person may cause, suffer, allow, or permit the construction or installation of anon-site sewage facility on a lot or tract that is smaller than one acre. Provided, however, an on-site sewage facility may be permitted to be constructed on a lot smaller than one acre, if it is demonstrated by a thorough investigation, that an on-site sewage facility can be operated without causing a threat or harm to an existing or proposed water supply facility or to the public health, or the threat of pollution or nuisance conditions. (c) lnjection wells, pit privies, and cesspools used to dispose of sewage, and any facility utilizing naturally or artificially produced holes, cavities, or drilled wells to ease the disposal of sewage are specifically prohibited from being installed or used and shall not be licensed. (d} No person may cause, suffer, allow, or permit the maintenance of an on-site sewage facility in violation of [he Standards and policies of the Texas Water Commission or these Rules or in such a manner as to cause, or as that may tend to cause, pollution, injury to public health, or nuisance conditions. (e) On-site sewage facilities shall not be located in the floodway, as designated and defined in the Regulations for Flood Plain Management, Kerr County, Texas, or within 75 horizontal feet from water, as that term is defined herein. Provided, however, that facilities that were, on the effective date of these Rules, within the floodway, may be permitted provided that adequate flood protection devices or systems are installed or constructed. (f} The use of explosives during or incident to the construction of an on-site sewage facility is strictly prohibited without prior written approval of the Licensing Authority. Such authorization shall be granted only upon the written recommendation of a licensed installer or registered professional engineer. The recommendation shall demonstrate the necessity for the use of explosives, the kind of explosives proposed, the weight or amount of charge proposed and shall assess the potential for harm to water resources and certify that no damage to water resources andlor its flow, will occur. 12 5.04. DISCHARGE OF GREYWATER (a) Surface application Qf greywater may be authorized by the Licensing Authority through issuance of a permit only if the greywater disposal system is in compliance with the requirements of the On-Site Surface Application of Greywater policy attached hereto as Appendix IV. (b) "Greywater" is wastewater from clothes washing machines, showers, bath tubs, handwashing lavatories and sinks not used for food preparation or disposal of chemical and biological ingredients. (c) Applications for a permit to construct, operate, reconstruct, alter, extend, or repair a greywater system are governed by Chapters 6 and 7 of these Rules and shall be submitted and issued in accordance with the procedures and requirements of the appropriate Chapter in the same manner as applications relating to on-site sewage disposal systems. 5.05. MAINTENANCE REQUIItEMENTS. (a) Maintenance of an on-site sewage facility shall be performed in accordance with the Standards, these Rules, and according to the manufacturer's recommendations for the particular facility or system, if any. (b) Special maintenance requirements for facilities that utilize surface irrigation are set forth in § 6.10 of these Rules. 5.06. REGISTRATION OF INSTALLERS. (a) A person may not operate as an installer unless the person is licensed by the Texas Water Commission. (b) An individual property owner of an existing or proposed single family dwelling who installs, reconstructs, alters, extends, or repairs an on-site sewage facility on that property is not required to be a licensed installer. All construction performed under this subsection is required to be permitted in conformance with these Rules and the Standazds. This subsection does not apply to a developer, builder, or other person who constructs single family dwellings solely for the purpose of sale or resale of the property. 13 CHAPTER 6 CONSTRUCTION AND OPERATION REQUIREMENTS 6.01. REQUIREMENTS FOR NEW ON-SITE SEWAGE FACILITIES. (a) A permit to construct must be obtained from the Licensing Authority prior to commencing the construction or installation of a new on-site sewage facility and will be issued only upon a finding that construction can commence. (b) A license to operate must be obtained from the Licensing Authority prior to using or operating new on-site sewage facility and will be issued only after satisfactory completion and approval of construction. 6.02. 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 permit to construct and a flood plain management development permit. (2) A description of the property of such definiteness and completeness as to enable the Licensing Authority to locate and proceed to the site selected by the Applicant, with reasonable certainty. (Maps, Plats, Drawings, or clear written directions shall be acceptable). (3) A legal description of the property. (4) The number of bedrooms and the number of square feet in existing structures or the number of bedrooms and the number of square feet in a proposed structure. (5) For commercial sites and institutions, the number of fixtures in existing structures or the proposed structure or structures. (6) The maximum number of persons that the existing or proposed structure is designed to accomodate as well as the anticipated maximum number of persons that the existing or proposed structure will actually accomodate. (7) The application shall also include an acknowledgement by the Applicant that the construction and operation of the facility, either existing or proposed is the sole responsibility of the Applicant. Such acknowledgement shall be as follows: 14 "I agree that it will be the responsibility of the Applicant to maintain and operate the facility in a satisfactory manner. The proper performance of a on-site sewage facility cannot be guaranteed, even though all provisions of the State and County Rules and Standards have been met. Inspection and licensing of a on-site sewage facility by the Licensing Authority shall indicate only that the facility meets minimum requirements and does not relieve the Applicant of the property from complying with the County, State, and Federal Regulations. On-site sewage facilities, although approved as meeting minimum standards, must be up-graded by the Applicant at Applicant's expense, if the Applicant's operation of the facility results in objectionable odors, if unsanitary conditions are created, if pollution or nuisance conditions are threatened or occur, or if the facility when used does not comply with governmental regulations." (8) A rough 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 buildings 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, and existing sewage disposal facilities whether on site or on adjacent property. (E} The location of all roads, streets, easements, creeks or other water, etc., adjacent to the property or traversing it. (9) Any other information that the Licensing Authority may require, including operating instructions for alternative or innovative systems, etc. (10) The required fee. Fees are not refundable. (b) If required by the Licensing Authority, the results of soil percolation tests performed by an experienced Registered Professional Engineer, Registered Professional Sanitarian, Certified Soil Scientist, Certified Professional Geologist, or other personnel certified by the Texas Water Commission. Percolation tests shall be performed in accordance with the Standards. Such tests shall be performed at the cost of the County only when the tests are mandated by the Licensing Authority. 15 (c) The completed application and all additional information submitted shall not contain any false information or conceal any material facts. (d) A pending incomplete application shall expire six (6) months from the date of receipt by the Licensing Authority. (e) An applicant may, at his own expense, obtain and submit to the Licensing Authority such reports, studies, evaluations, or other documents which demonstrate the suitability of the site, or part thereof, for a particular on-site sewage facility or design. 6.03. INSPECTION BY LICENSING AUTHORITY. (a) Upon receipt by the Licensing Authority of a completed application form and the payment of the established fee, the Licensing Authority shall then proceed in due order to perform the following: (1) Make an appointment with the Applicant to meet him or his agent at the proposed site. (2} Make an on-site inspection of the proposed site accompanied by the Applicant or his agent. (3) Perform the following on-site functions: (A) Make such soil tests as may be necessary. (B) Perform such percolation tests as may be necessary. (C) Prepare a drawing or drawings of the site to show the location of all improvements presently existing on the site, giving the number of bedrooms and the approximate square footage of the improvements. When such drawing or drawings have been prepared by the Licensing Authority they shall be submitted to the Applicant for his approval, which approval shall be shown by the Applicant's signature on each drawing. (D) If a commercial or institutional facility, the number and type of fixtures in the existing or proposed facility. (4) Evaluate the site suitability for an on-site sewage facility utilizing the completed application form, the results of the on-site inspection, the Standards, the publication "Guide to Soil Suitability for On-Site Wastewater Systems for Kerr County, Texas," (as set forth in Appendix II) and such other publications or information deemed accurate and appropriate by the Licensing Authority. 16 6.04. ISSUANCE OF PERMIT TO CONSTRUCT. (a) The Licensing Authority having completed the initial on-site inspection of the on- site sewage facility site, shall then, within five (5) days after the date of the initial on-site inspection, notify the Applicant, in writing, of its findings, and shall clearly spell out the minimum construction requirements for the issuance of a construction permit. For good cause, the Licensing Authority may extend this period for an additional five (5) days. (b) Should the Licensing Authority determine that no construction permit can be issued, it shall notify the Applicant of such fact within five (5) days after the date of his initial on-site inspection. For good cause, the Licensing Authority may extend this period for an additional five (5) days.The Applicant having been notified by the Licensing Authority that no construction permit will be issued, shall have the right to appeal such denial by following the procedure set forth in Chapter 3 of these Rules. (c) A permit to construct shall expire six (6) months from the date of issuance unless an inspection of the on-site sewage facility covered by the permit has been requested in writing. 6.05. LICENSE TO OPERATE. (a) Each new on-site sewage facility shall be inspected by the Licensing Authority and approved as required or established 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) hours, excluding weekends and legal holidays, prior to the need for inspection. The inspection shall be made on a date and time mutually agreed on by the Applicant, installer, and Licensing Authority. (2) No component of an on-site sewage facility shall be covered until inspections and approval by the Licensing Authority have been made showing that the installation, construction, alteration, repair, or extension complies with the these Rules, the Standards, and such other special conditions as may be specified in the permit or authorization. (3) The Applicant or installer shall provide whatever reasonable assistance the Licensing Authority requests in order to make the inspection. (4) The owner, owner's representative, or occupant of the property on which the installation is located shall give the Licensing Authority reasonable access to the property at reasonable times to make necessary inspections. 17 (5) If inspections reveal deficiencies, an on-site sewage facility may not be used until all deficiencies are corrected and the facility is reinspected and approved. (b) Within five (5) days after the required inspections, the Licensing Authority shall make a finding on the issuance of a license, based upon the information obtained from the inspections and any other information available to the Licensing Authority. (1) Upon a finding that the use of the new on-site sewage facility will not cause pollution, injury to the public health, or nuisance conditions and is in compliance 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 Licensing Authority shall so notify the Applicant in writing within five (5) days of that finding and shall include the reasons for denying the issuance of a license. If such a finding is issued, the Applicant shall have the right to appeal as provided for in Chapter 3 of these Rules. 6.06. UNLICENSED ON-SITE SEWAGE FACILITIES. (a) On-site sewage facilities that were in operation on March 22, 1988 that were not, prior to that date, registered or licensed are not required to be licensed under these Rules, provided the facility is not causing pollution, a threat to the public health, or nuisance conditions, or has not, since the effective date of these rules, been altered, repaired, or extended, without a permit or written authorization from the Licensing Authority. (b) If an unlicensed on-site sewage facility is causing pollution, a threat to the public health, or nuisance conditions; or has been altered, repaired, or extended, after the effective date of these Rules, without a permit or the written authorization of the Licensing Authority; the Licensing Authority shall require that the facility be licensed in accordance with these Rules and shall undertake actions pursuant to Chapter 10 of these Rules. (c) Unlicensed on-site sewage facilities may be licensed under this chapter as appropriate if it is shown by a thorough investigation by an experienced Registered Professional Engineer,Registered Professional Sanitarian, or other personnel certified by the Texas Water Commission, that the on-site sewage facility will not cause a nuisance, pollution, or injury to public health and that such facility is in substantial compliance with the Standards. 18 6.07. TERMS OF LICENSES. (a) Licenses to operate issued under the authority of these Rules shall be for an indefinite period, so long as the facility remains in compliance with the Standards and these Rules. A license shall be transferred to a succeeding owner upon the request of either party to the sale so long as the transfer is in compliance with the Rules regarding transfer, as set out in Chapter 8. (b) Any license, permit, or other authorization issued under these Rules shall automatically terminate if not properly amended, transferred, or authorized if: (1) there is a subdivision of the property served by the o~-site sewage facility; (2) there is a sale of the property served by the on-site sewage facility; (3) the property is used for a purpose other than that described in the original application; (4) the loading of the on-site sewage facility is increased beyond that stated in the application; (5) the facility fails; or (6) for surface irrigation systems, failure to maintain a current and effective maintenance agreement as required by § 5.04 and § 6.10 of these Rules. 6.08. SPECIAL REQUIREMENTS FOR INSTITUTIONS. (a) An experienced Registered Professional Engineer, Registered Professional Sanitarian, or other personnel certified by the Texas Water Commission, 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. (b) Upon completion of the installation of on-site sewage facilities designed under § 6.08(a) above and prior to issuance of a license, an inspection report including an as built drawing will be required by the person designing the facility, stating that the installation has been inspected and has been installed in accordance with the design drawings and specifications. 6.09. SPECIAL REQUIREMENTS FOR DESIGNED FACILITIES. (a) Where the Standards require that a Registered Professional Engineer, Registered Professional Sanitarian, or other person certified by the Texas Water Commission, design 19 an on-site sewage facility, said designs shall be made in accordance with these Rules, including the Standards. (b) Upon completion of the installation of on-site sewage facilities designed under Sec. 6.09(a) above and prior to issuance of a license, an inspection report including as built drawings will be required by the person designing the facility, stating that the installation has been inspected by him and has been installed in accordance with the design drawings and specifications. 6.10. SPECIAL REQUIREMENTS FOR SURFACE IRRIGATION SYSTEMS. (a) No facility utilizing surface irrigation shall be granted a permit to operate unless it is in compliance with the the requirements of the On-Site Surface Application of Treated Wastewater policy attached hereto in Appendix III. In accordance with Appendix III, no permit to operate will be issued without proof of a valid, binding, and acceptable maintenance agreement with a valid maintenance company. (b) An acceptable maintenance contract is a contract between the facility owner and a valid maintenance company in which the company agrees to provide the inspections required by these Rules, for system compliance with effluent standards. An acceptable maintenance contract shall also authorize the maintenance company to operate, maintain, and repair the facility as needed and that the costs of this service will be paid by the facility's owner. It shall also require the company to provide copies of all maintenance and repair records and inspection test results to the Licensing Authority within ten days of the completion of the maintenance, repair, or test and such other doucuments and/or reports as may be required by the Licensing Authority. The contract shall also require the maintenance company to provide a true and correct copy of the maintenance agreement to the Licensing Authority and to notify the Licensing Authority of the termination or expiration of the contract no sooner than 60 days nor later than 30 days prior to such termination or expiration. (c) It is a condition of each operating permit granted for a facility that utilizes surface irrigation that a maintenance contract, as described in (b) above, be in force and effect throughout the life of the facility. The initial maintenance contract must have a term of not less than two years. The operating permit for such a facility shall lapse if, at any time, the facility is not covered by an acceptable maintenance agreement. This provision does not require an owner of a facility to contract with the same maintenance company for the life of the facility. Subsequent renewals may, therefore, be with any valid maintenance company, provided that the new contract meets the minimum requirements of this section. (d) Effluent testing and reporting requirements shall be in accordance with Figure 2 of Appendix III, On-Site Application of Treated Wastewater, and shall be set forth on the permit to operate. 20 (e) Prior to the issuance of a permit to operate, the owner of the site upon which a facility utilizing surface irrigation is located shall execute an affidavit to the public which shall state, as a minimum, that the property shall not be transferred to the new owner without: (1) The new owner being advised that the property contains a surface application system for wastewater disposal; (2) The owner requesting a transfer of the operating permit to the new owner within the times required by these Rules; and (3) The new owner being advised that proof of a vailid, binding, and acceptable maintence contract must be submitted to the Licensing Authority before the facility may be used. (A sample form affidavit is provided on page 17 of Appendix III) (f) The Licensing Authority shall file the executed affidavit referred to in (e) above, in the Deed Records of Kerr County, Texas. The filing fee shall be tendered to the Licensing Authority by the owner prior to the issuance of the permit. This fee is in addition to the permit fee. 21 CHAPTER 7 APPLICATION TO RECONSTRUCT, ALTER, EXTEND, OR REPAIR 7.01. PERMIT REQUIRED. A person desiring to reconstruct, alter, extend, or repair an on-site sewage facility, licensed or unlicensed, shall make an application to the Licensing Authority for a permit therefor, and pay the proper fee. The fee is not refundable. 7.02. APPLICATION FOR PERMIT. Upon application for a permit to reconstruct, alter, extend, or repair an on-site sewage facility and the payment of the established fee, the Licensing Authority shall process such application following the procedure and requirements of Chapter 6 of these Rules. 7.03. APPLICATION FOR A CURRENTLY LICENSED FACILITY. If an application is for reconstruction, alteration, or extention of a currently licensed facility, the Licensing Authority may waive such provisions of Chapter 6 of these Rules to the extent deemed by it to be repetitive and/or unnecessary to the accomplishment of the purpose of these Rules and may amend the existing operating permit to reflect the proposed changes. 7.04. APPLICATION FOR AN UNLICENSED FACILITY. If an application is for reconstruction, alteration, or extention of an unlicensed facility, the provisions of Chapter 6 of these Rules shall govern and be followed. Such an application shall be treated as an application for a new facility. If the resulting facility is in substantial compliance with the Standards and theses Rules, the owner may be issued a permit to operate, upon payment of the proper fee. 7.05. REPAIRS. (a) A facility, whether licensed or unlicensed, shall be granted a permit to repair if: (1) the repair is in compliance with the Standards and these Rules; and (2) the entire facility, after the repair, can be operated without causing pollution, threatening to cause pollution, causing nuisance conditions, or threatening public health. 22 (b) If the repair is to an unlicensed system and the repair will result in a facility that is in substantial compliance with the Standards and these Rules, a permit to operate shall be issued, upon application and payment of the fee for a new facility. 7.Ob. EMERGENCY REPAIRS. (a) Emergency repairs of a on-site sewage facility may be made by an installer without a permit having been first obtained, provided however, such installer shall notify the Licensing Authority by telephone or in person, of the specifics of such emergency repair and the nature of the emergency condition, by the end of the first working day after making such repairs. (b) Emergency shall mean a sudden and unforeseeable failure of a on-site sewage facility which creates a pressing necessity for its immediate repair to prevent the pollution of the waters of this State or for the abatement of an immediate health hazard or nuisance. (c) If the repair is not, in the opinion of the Licensing Authority, one which falls within the category of normal, ordinary maintenance then in such event, the Licensing Authority shall notify the Owner of such facility, in writing, that an application to the Licensing Authority for a permit to make such repair will be required. If the owner objects to the finding of the Licensing Authority, the owner may utilize the procedures for appeal contained in Chapter 3 of these Rules. 7.07. VARIANCE. The Licensing Authority or the commissioners' court may grant a variance from such provisions of this Chapter, as deemed by it to be repetitive and/or unnecessary to the accomplishment of the purpose of these Rules. Applications for a variance are to be made in accordance with the procedure set forth in § 3.01 of these Rules. No variance may be granted which would result in a facility that does not substantially comply with the Standards and policies of the Texas Water Commission. 23 CHAPTER 8 SALE OR TRANSFER INSPECTIONS 8.01. APPLICATION FOR REINSPECTION OR INITIAL INSPECTION. A person desiring to sell or transfer land upon which is located an on-site sewage facility, shall make application to the Licensing Authority for a reinspection of his on-site sewage facility, if licensed, and for an initial inspection by the Licensing Authority if the same is unlicensed. 8.02. INSPECTION AND PERMIT -LICENSED SYSTEMS. (a) Upon the sale or transfer of lands upon which there is located an licensed or existing on-site sewage facility, a transfer of the License to Operate shall be required. (1) The holder of the operating license shall, within thirty (30) days prior to the sale or transfer of the land, notify the Licensing Authority, in writing, of the proposed sale and complete and submit an application for transfer of the operating license of the on-site sewage facility, and pay the transfer fee. (2) The Licensing Authority, upon receipt of such notice, the application for transfer, and payment of the fee, shall, within five (5) days from the notice received, contact the Applicant to arrange for an inspection of the facility. Such inspection shall be based upon a list of inspection items prepared by the Licensing Authority and promulgated on a form that shall be available to any interested person and shall be provided to the Applicant prior to the inspection. (3) The Applicant shall also be required to: (A) Uncover the clean out/access ports to the treatment tank(s). (B) Uncover the field line at a reasonable distance from the tanks; and (C) Fill the tank with water to the overflow line 24 hours prior to the inspection. (4) The Applicant having prepared the site as provided for in (3) above, shall notify the Licensing Authority that such facility is ready for inspection. (b) The Licensing Authority may waive such provisions of Chapter 6 of these Rules as deemed by it to be repetitive and/or unnecessary to the accomplishment of the purposes of these Rules. 24 8.03. INSPECTION AND PERMIT -UNLICENSED FACILITIES. (a) Upon the sale or transfer of lands upon which there is located an unlicensed on- site sewage facility, a License to Operate, as provided for in Chapter 6 of these Rules, will be required. (I) The Applicant shall, prior to the sale or transfer of such land, notify the Licensing Authority, in writing, of the proposed sale or transfer within thirty (30) days before the date of the proposed sale or transfer of such land and shall make application for an operating license in the form and manner required by Chapter 6 of these Rules. (2) The Licensing Authority, upon receipt of the application, and the payment of the applicable fee, and having been notified by the Applicant that the facility is ready for inspection, shall set a time and a date for the inspection as provided for in Chapter 6 of these Rules. 8.04. ISSUANCE OF LICENSE. (a) If the Licensing Authority finds that the facility is not causing pollution, is not a threat to public health, and is not creating nuisance conditions, and that the facility is in substantial compliance with the Standards and the Rules, then the Licensing Authority shall issue a license in the name of the new owner, as stated on the application. (b) If, however, the Licensing Authority shall find that the facility is not in substantial compliance with the Standards and/or these Rules, the Licensing Authority shall, within five (5) days of the date of the most recent inspection, notify the Applicant, in writing, of the vioiation and shall clearly state the minimum repair to be made to the facility to bring the same into compliance with these Rules. When the facility shall have been made to comply with these Rules, the Licensing Authority shall issue the Applicant an Operating License as provided for in 8.04(a). 8.05. LICENSE REQUIREMENTS. (a) A license issued under the provisions of this chapter, whether an original license or a transfer, shall contain the following language: "On 19_, the final physical inspection of this facility was made by , a Based upon that limited inspection, the information provided by the Applicant, the records of the Ken County Environmental Health Department, and the applicable Rules and Standards, the Licensing Authority finds that the facility is in substantial compliance with the minimum requirements of the Standards and Rules and that at the time of the inspection(s) of the facility, there was no evidence that the facility was causing or 25 threatening to cause injury to the public health or nuisance conditions and was generally functioning in a satisfactory manner. THIS LICENSE IS BASED UPON A LIMITED INSPECTION AND IS NOT A GUARANTEE OR WARRANTY THAT THE FACILITY WILL, IN FACT, OPERATE OR FUNCTION PROPERLY FOR ANY PARTICULAR LENGTH OF TIME. LATENT DEFECTS MAY EXIST WHICH WOULD RENDER THE SYSTEM IN VIOLATION OF THE RULES AND/OR STANDARDS. FOR A MORE DETAILED EVALUATION, YOU ARE ENCOURAGED TO CONTACT AN EXPERIENCED REGISTERED PROFESSIONAL ENGINEER, REGISTERED PROFESSIONAL SANITARIAN, OR OTHER PERSON CERTIFIED BY THE TEXAS WATER COMMISSION. Licensing Authority 26 CHAPTER 9 SUBDIVISIONS 9.01. LICENSING AUTHORITY RECOMMENDATIONS. Any person creating or desiring to create a subdivision, including mobile home parks, recreational vehicle parks, or multiple single residences located on a single undivided tract of land that will utilize on-site 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 for vegetation clearing) as required by this chapter. 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 Rules and the County Subdivision Regulations. 9.02. APPLICATION. (a) An Applicant fora Licensing Authority 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, (iii) 100-year floodplain and floodway as established by the Regulations for Floodplain Management, Kerr County, Texas, (iv) Topography, with contours not greater than ten foot intervals, (v) Soil profiles, as classified by the Soil Survey of Ken County, Texas. The publication "Guide to Soil Suitability for On-Site Wastewater Systems for Kerr County, Texas," as set forth 27 in Appendix II, shall be used in determining the suitability and appropriate on-site sewage facilities for each specific site, (vi) Existing and proposed 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 right-of-ways. This plat shall show all areas of the subdivision where the groundwater table is less than 8 feet below ground surface as it exists at the location of each on-site sewage facility on proposed lots or tracts. This will include an analysis by an experienced Professional Engineer, Geologist, Soil Scientist, Registered Sanitarian, or other personnel certified by the Texas Water Commission. The analysis should include soil percolation potential, analysis for on-site sewage facilities, bedrock, and depth to perched or seasonal groundwater tables. The publication "Guide to Soil Suitability for On-Site Wastewater Systems for Kerr County, Texas," as set forth in Appendix II, shall be used in determining the suitability and appropriate on-site systems for each specific site. This information must 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 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 (floor space, bedrooms, seating, etc.) of the intended construction (residential, industrial, commercial, etc.) that will be allowed on each lot as well as the maximum number of persons that the structure is designed to accomodate. For commercial or institutional structures, the number and type of fixtures must be provided. Based on this list, the Applicant shall provide further information to confirm that an on-site sewage facility that meets all of the requirements of these Rules and the Standards can be constructed on each lot. (D) At the discretion of the Licensing Authority 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, 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 28 (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 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 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 review 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 fvr exception on appeal as outlined in Chapter 3 of this Order. (d) Approvals are limited as follows: (1) An approval recommendation does not constitute either a permit to construct or a license to operate an on-site sewage facility. Final subdivision plat approval by the Commissioners' Court is a prerequisite to obtaining a permit or license. (2) If developments do not require plat approval such as mobile home parks, recreational vehicle parks or multiple single-family residences on a single undivided tract of land, final approval by the Commissioners' Court is a pre-requisite to obtaining a permit or license. 9.03. LOT SIZES AND REQUIIZEMENTS. (a) 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 land area for location of the original facility, area for repair or replacement of the facility, and additional land area when poor soil conditions exist on a lot that may prohibit the use of anon-site sewage facility. For multiple single-family residences located on a single undivided tract of land, "lot size" will be determined by the Commissioners' Court based upon soils present, density, spacing and any other factor which may adversely affect the suitability of on-site sewage facilities. 29 (1) Steep slopes provide fewer suitable locations for a 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 high or fluctuating water tables or seasonal springs. (3) No part of an absorptive facility shall be installed within 75 feet of any springs or spring-fed and/or normally flowing streams measured horizontally from the bank. (4) On-site sewage facilities shall not be located in the floodway of a watercourse as defined by the Regulations for Floodplain Management, Ken County, Texas. (5) Lots shall be laid out where possible for connection to a future wastewater collection facility. (b) Lot Size Requirements: (1) On-site sewage facilities for lots in subdivisions shall be approved by the Licensing Authority subject to the following provisions: (A) Lots served by a public water facility shall be a minimum of 1 acre. (B) There are two (2) dedicated waste disposal areas under 15 % slope and suitable for use for an on-site sewage facility for the site conditions present. The location of each area must be designated on the preliminary plat. (C) Lots served by individual water wells shall be a minimum of 2'/a acres. 30 (D) In calculating lot or tract sizes for purposes of determining minimum acreage, easements, drainage ways, or right-of--ways adjacent or through such tracts may be included within the calculation. (2) Collective on-site sewage facilities shall be approved by the Licensing Authority subject to the following provisions: (A) The gross density of the subdivision shall not exceed 500 gallons per day per 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) Two (2) dedicated waste disposal areas of less than 15 % slope, shall be designated on the plat as suitable for use for the collective wastewater disposal facility. (3) Collective on-site sewage facilities for residential properties shall meet the following additional requirements: (A) Collective on-site sewage facilities shall only be approved for condominium regimes, planned units developments, mobile home parks, recreational vehicle parks, or any other authority legally authorized to assess and collect fees for the operation and maintenance of the collective disposal facility, 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 floodway; provided that one-half ('/z) of the disposal area shall be located outside of the one hundred year floodplain. (4) Special Requirements for Institutions. An experienced Registered Professional Engineer, Registered Professional Sanitarian, or other person certified by the Texas Water Commission, shall design all on-site sewage facilities serving institutions including mobile home parks and recreational vehicle pazks. Said designs shall be made in accordance with these Rules, including the Standards. In non-residential subdivision involving business, commercial, and industrial activities, each four hundred (400) gallons per day of sewage for such institutions shall be equivalent to that of asingle-family unit. Lots shall be sized in accordance with the Standards and these Rules except as described above. 31 9.04. NOTICE. (a) Where an approved recommendation has been made and the subdivision is recorded, a copy of the written recommendation with any conditions stated shall be filed as a deed record for the subdivision lots or stated as a plat note. (b) Any person, or his agents or assignees, desiring to create a subdivision, mobile home park, or multiple single-family residences located on a single undivided tract of land, that will utilize 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 for the operation of such a on-site sewage facility. (4) That an application for a subdivision with on-site sewage facilities has been made and approved, including any restrictions placed on any such approval. 32 CHAP'T'ER ZO ENFORCEMENT 10.01. INFORMAL. (a) The Licensing Authority may routinely enter property for the purpose of inspecting any on-site sewage facilities to assure continued compliance with these Rules. (1) Prior to entry for a routine inspection, the Licensing Authority shall notify the owner, as shown on the permit, that the facility will be inspected within the next 30 days. The Licensing Authority shall notify management in residence, if present, of his intent to inspect. (b) The Licensing Authority 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 altered, repaired, or extended without complying with these Rules, based on a creditable complaint or other information available to the Licensing Authority, and may inspect any new or existing 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 that an unpermitted alteration, repair, or extension was performed, the Licensing Authority shall so notify the property owner or user 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 allotted time. (1) Where an inspection made under subsection (b) the Licensing Authority need only notify management in residence, if present, of his present intent to inspect. No prior notice is required. (c) The property owner or user must take adequate measures as soon as practicable to abate an immediate health hazard. (1) If the facility is found to be compliant, a permit therefore may be issued or the existing permit may be amended. (2) If the facility is found to be noncompliant, appropriate enforcement shall be taken. 33 10.02. CRIMINAL. .Ol. TEXAS HEALTH AND SAFETY CODE, § 366.091 (a) A person commits an offense if the person operates as an installer unless the person is registered by the appropriate agency of the State of Texas. (b) A person commits an offense if the person begins to construct, alter, repair, or extend an on-site sewage disposal system owned by another person before the owner of the system obtains a permit to construct, alter, repair, or extend the on-site sewage disposal system as required by these Rules. (c) An emergency repair to an on-site sewage disposal system without a permit in accordance with these Rules is not an offense under this section. (d) An offense under this section is a misdemeanor punishable by a fine of not less than $ 50 or more than $ 100 unless it is shown on the trial of the defendant that thedefendant has previously been convicted of an offense under this chapter, in which event the offense is punishable by: (1) a fine of not less than $ 125 or more than $ 500; (2) confinement in jail for not more than one month; or (3) both fine and confinement. (e) Each day of a continuing violation is a separate offense. .02. TEXAS HEALTH AND SAFETY CODE, § 341.091 (a) A person commits an offense if the person violates Chapter 341 (Sanitation and Environmental Quality) of the Health and Safety Code or a rule adopted under that Chapter. An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200. Each day of a continuing violation is a separate offense. (b) If it is shown on the trial of the defendant that the defendant has been convicted of an offense under these Rules within a year before the date on which the offense being tried occurred. The defendant shall be punished by a fine of not less than $10 or more than $1,000, confinement in jail nor not more than 30 days, or both. (c) Each day of a continuing violation is a separate offense. 34 10.03. CIVIL. (a) Suit for injunction may be brought by the authorized agent or the prosecuting attorney to prevent or restrain a violation of these Rules. Texas Health and Safety Code, § 366.092 and § 366.93. (b) Additional civil remedies and penalties may be available under § 341.092 of the Texas Health and Safety Code where the conditions created by an on-site sewage facility constitute a public health nuisance. In such a suit, the Texas Department of Health is a necessary and indispensable party. 10.04. FAII,URE OF LICENSED FACILITIES. Compliance with the provisions of these Rules and the recommendations of the Licensing Authority will not bar any cause of action to abate a nuisance under Chapter 341 of the Texas Health and Safety Code or any action for other civil or criminal penalties or remedies. 35 APPENDIX I CONSTRiJCTION STANDARDS FOR ON-SITE SEWAGE FACILITIES APPENDIX II GUIDE TO SOIL SUITABILITY FOR ON-SITE WASTEWATER SYSTEMS FOR KERR COUNTY, TEXAS APPENDIX III ON-SITE APPLICATION OF TREATED WASTEWATER APPENDIX IV ON-SITE SURFACE APPLICATION OF GREYWATER APPENDIX V LIST OF STATE-APPROVED ON-SITE AEROBIC TREATMENT UNITS APPENDIX VI FEE SCHEDULE VSS'FTJ: it ilY-~ PROPOSED RULE5 AND REGULATIONS OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES Additional Comments on March 9, 1992 Edition 6.08 (b) The following substitution is suggested: " Upon completion of the installation of on-site sewage facilities designed under Sec. 6.08(x) above and prior to issuance of a Permit to Operate, an inspection report satisfactory to the Licensing Authority and including as- built drawings shall be submitted to the Licensing Authority by an experienced Registered Professional Engineer, Registered Professional Sanitarian, or other person certified by the Texas Water Commission. This report shall affirm that the installation has been inspected and is in accordance with the design drawings and specifications." Rationale: 1. Larger consulting firms have employees, who do nothing but field inspection to verify compliance with drawings and specifications. In any case, the engineer or sanitarian of record is responsible for the firm's work. 2. Out-of-town firms might want to hire a local professional for field inspection, who would then be responsible for the compliance part. 6.09 (b) Change this paragraph as 6.08 (b) above. 9.03(b)(2)(A) Two problems arise: 1. On what basis can a designer guarantee the amount of water usage by the building user? 2. If the original permit application estimates water usage at less than 500 gallons per day per dwelling unit per acre, what happens if actual water usage far exceeds this amount? 9.03(b)(4) As questioned above, how can the applicant guarantee not to exceed a maximum daily water usage? 9.04(b) Can anyone other than the property owner, namely a lessee or renter, be responsible for violations of these Rules? 10.04 Suggest substituting the word "directives" for "recommendations". Submitted March 11, 1992 by Eric Lowenthal 696 Rim Rock Road Kerrville, TX 78028 896-0696 :.: ~ _ ~. PROPOSED ORDER ~~~ ~ ~ / 9~ RULES OF Y.ERR COUNTY, TEXAS FOR PRIVATE SEWAGE FACILITIES CHAPTER i. DEFINITIONS CHAPTER E. ESTAFsLISHMENT AND GENERAL PROVISIONS 2. G1. Authority 2. Gam. Purp+_+se 2.G~. Ar-ea of Jurisdiction ~. U4. Effective Date ' O. GS. Incc+rp~.+r-at ion by Reference ~. c:~6. Canst ruct i c+n, Precedence, and I nt erpret at i an 2. G7. Sever-obi 1 ity CHAPTER .?,. ADMINISTRATIVE PROVISIONS 3. G1. Except ion 3. C~:3. Appeal 3. G,?. Notice 3. U4. Fees CHAPTER 4. DUTIES AND POWERS 4. G 1. D~-t i es and P• mowers CHAPTER ~. LAWFUL DISCHARGES AND REQUIREMENTS 5. Gi. Lawful Discharges 5. Gam. Req u i rernent s CHAPTER 6. DEVELdPMENT OF ORGANIZED DISPOSAL SYSTEMS 6. G1. C+_+nnect ia~n to Organized Disp+~sal Systems CHAPTF_R 7. CONSTRUCTIOiV AND OPERATION REQUIREMENTS 7. G1. Requirements for New Private Sewage Facilities 7. G2. Per-rn i t t ~~ Gonst r uct 7. 03. License t o Operat e 7. G4. Special Requir-ements far Institutions 7. GS_ Special Req~_~irements for Aerobic Systems, Collective Systerns and other Alternative Systems CHAPTER 8. SUE+DIVISIONS 8. C~1. S+_ebdivisic+rr Cor+struct ion Authorization 8. GE. Appl icat i+~n 8. C~3. Nc•t i ce -i- CHAPTER 9. ENFORCEMENT 9. U1. Informal 9.02. Criminal 9, 03 Civi I 9. 0~4. Fa i I ure of Licensed Faci 1 i t i es -~- ~_..= CHAPTER i DEFINITIONS The fallowing words and terms, when used in these Rules, shall have the following meanings, unless the context clearly indicates otherwise: "Absorptior- Ur-it" - Any subsurface system that primarily relies on soil absorption in an absorption trench or absor pt i or, bed t o d i snare c•f the off 1 went f torn a wastewater; treatment unit. "Authorization" - A Subdivision Cc+nstructian Authorization as required in Chapter- 8 of these Rules. "Cornrnissioners Court" - The Cornrnissioners Court of N.err County, Texas. "Dedicated Waste Disposal Ar-ea" - Means an area which can not be ccvered by impervious materials, used for parking or other uses which may adversely affect the evaporative or- absr~rpt ive capabi 1 it ies cif the system. "Evapc+transpirat is+r, Ur,it" - Ar,y subsurface system tnat primarily relies on evapc•ration and plant transpiration to dispose of effluent from a wastewater- treatment unit. "Existing Private Sewage Facilities" - Any private sewage facility that was in use or- the effective date of these Rules. Such a facility shall be an existing private sewage facility as long as that facility is not causing pollution, a threat to the public, or' nuisance conditi+~ns; ar is not substantially modified after the effective date of these Rules. Any private sewage facility that has been actually used at any tune dur-ing the twelve t1~) month period immediately preceding the effective date of these Rules, shall be conclusively presumed to have been in use ar, the effective date of the Rules. "Feasible" - Capable of being done or cart-led out by a property owner withn,at the necessity of right of way purchase or' otherwise ass+_-rnir,g responsibility far construction and/or- maintenance of utility lines on ar acr:~ss anather's property. "Ir,st itut iar," - Ar,y establ ishrner,t c+ther than a single family residence. "License" - A License to Ooerate as required by Chapter 7 of these Rules. - J - "Licensing Authority" - Means the Upper Guadalupe River Authority or other adrninistrat ive Agency that has been designated by the Cornrnissioners, Court in Chapter 4 of these Rules to have the duties and powers to administer and enforce these Rules. "Mobile Horne Park" - Ar,y faci 1 ity or area developed far the lease or rental of two or more mobile homes. "New Private Sewage Facility" - Any private sewage facility that does n~~t qualify as an existing private sewage facility. "Nuisance" - Any activity ar condition that is or tends to be, injurious to or adversely affects human health or welfare, ar,irnal life, vegetation, or property; or interferes with the normal use and enjoyment of animal life, vegetation, or property. "Orgar+ized Disposal System" - Any publicly ur privately owned syster,~ for the c~~llection, treatment, and disposal of sewage that is ~~perated in accordance with the terms and conditions of a valid waste discharge permit issued by t^e Texas Water Cc~rnrn i ss i _~r,. "Permit" - A Permit to Construct as required by Chapter 7 of these R,ales. "Person" - Any individual, corporation, or-ganizatior,, government or governmental subdivision or• agency, business, trust, estate, partnership and any other legal entity or association, including, but n~~t limited tc+, owners, developers, installers, operators, or any other person responsible for-the construct i~~n, installation, or operation, of a private sewage facility. "P+~lltttion" - The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of any water in the State that renders the water harmful, detrimental, or' in~urio+_is to humans, animal 1 ife, vegetat i~1n, or property or' to the public health, safety, car welfare, or impairs the usefulness or the p+ablic en~~~yment of the water- for any lawful ar reasonable purpose. "Private Sewage Facility" _ All systems and methods used for the dispr~sal of sewage, ether than organized disposal systems. Private sewage facilities are us+aally 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 tr-ench or bed, or an evap~~transpirat i~:~n bed) . -4- "Proposed Individual or Public Water Supply Wells or Systems, or Prc~pc~sed Organized Disposal Systems" - Any such well or^ system for which the owner or operator has entered into contractual obligations, which cannot be cancelled ar modified without substantial loss, for the construction of such well ar system that will be carnpleted withir, a reasonable time. "Sewage" - Waterbarr+e wastes that are primarily organic and biodegradable or decomposable and that generally originate as human, animal, or plant wastes from dourest is activities, such as washing, bathing, ar,d fond preparation, and certain retail c+r- cornrnerc i a l activities. "Single Family Residence" - A single family dwelling or mobile harne. "Standards" - The standards set forth in the pamphlet entitled "C~~nstruction Standards f~_~r Private Sewage Facilities" and all future amendments thereto, which were adopted by the Texas Beard cif Health, pursuant t~~ Ar^ticle 4477-1 (Sec. c3(b)), c,f the Texas Revised Civil Statutes Ann~~tated, as Texas Department ~~f He~:lth R+aIES 3t~1. 79. r?3. ~?~7? - . t7C~~ and which were c~ri g ir+ai i y pub i i shed i r+ c' Tex_ Rer,_ =r'~78. "State" - The State of Texas. "Subdivision" - A subdivisiar+ that has been platted and recorded with the c~~unty clerk ar- that is required by statute to be so platted and recorded, ar^ as defined by the Kerr County S+.-bdivisian Regulations; or mobile home park; or^ any lot or- tract used or^ ir+ter+ded to be used fc~r multifamily dwellings, including specifically but not limited to apartments, d~-pl-epees and condamini~~ms. "Substantial Modification" - An increase in the size ar use of a private sewage facility's generating unit (residence or institution) that, based on the c~~nsiderations in the Standards, could be expected to result in an increase of SS'/- or more in the aver^aae daily volume of sewage gener^ated by that unit; or an action that, based or, the considerations ir, the Standards, c~~+lld be expected to result in an incr-ease ar^ decrease in the capacity cif a private sewage facility's treatment unit (septic tanl<) c~r^ disposal unit (dr^ainfield) by USX ar more. -J- "Water" or "Water in the State" - Groundwater perco 1 at i r,g or at herw i se, 1 akes, bays, ponds, i mpound i ng reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territor-ial limits of the State, and all other bodies of surface water, natural ar artificial, inland ar coastal, fresh or salt, navigable or nonnaviaable, and including beds and banks cif all watercc~~_trses and bodies of surface water, that are wholly or partially inside or barder~ing State car inside the ,jurisdiction of the State. the the -E- ~_ CHAPTER E ESTABLISHMENT AND GENERAL PROVISIONS 2. ~~1. AUTHORITY. These Rules are adopted by the Carnrnissianers 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 Sect ion ~6. C~32 of the Texas Water Cade. :?. t~~. PURPOSE. The purpose of these Rules is to abate ar prevent pollution,, or indury to the public health in Kerr County, Texag. ~, i_~3. AREA Or JURISDICTION. (a) These Rules shall apply to all of the area of Kerr Ca~_~nty except fc~r the ar^eas reg~_iiated under- an existing Texas Water Cornrnissi~_m R~_ile and the areas within, tr,e bour,dar-ies of the ir,cc~rpc~r-ated cities and t~~wr,s cf Kerr C~~~_inty. (b) These Rules shall also apply to thane incorporated cities or- tawr,s that have executed cooperative agreerner,ts with the Carnrnissianer-s Cour^t ar the Licensing Authority for c~~ver-age under^ these Ru 1 es. x.04. EFFECTIVE DATE. These Rules shall became effective upon, their- approval by the Texas Water Cammissic~n. 2.0~. INCORPORATION by REFERENCE. The Standards and all future amendments thereto are incorporated by reference ar,d are thus made a part of these Rules. A copy of the Standards is attached t,~ these R,_~les as Appendix I. x.06. CONSTRUCTION, PRECEDENCE, AND INTERPRETATION. (a) These Rules shall be cc~nstr-ued liberally to accomplish their purpose. In car,struir,g the Standards, pr-ecatar-y w~~r^ds contained therein shall be deemed mandatary. -7- - .~ ~... (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 adapted 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. tc> The licensing authority shall, within the purpose of these Rules, resolve any question regarding any interpretation of these Rules or the Standards. 2.07. SEVERASILITY. 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 aoplication thereof to other persons and circumstances shall not be affected. -8- CHAPTER 3 ADMINISTRATIVE PROVISIONS 3.01. EXCEPTION. - (a) A person desiring ar, exception to any requirement of these Rules shall file a written request with the licensing authority stating: (1) The nature of the exception requested; t2) The reason that justifies the granting of the except ion; ar~d (3) Any ir,formatior, that the licensing authority reasonably requests. (b) Within thirty t.3G) days after the receipt of said request, the licensing authority shall review the request and reply to the applicant iri writing either granting ter denying the request. If the reauest is denied, the licensing a~_itharity shall include the reas~~ns f~~r denial in the reply. 3.4~. APPEAL. (a> Any person aggrieved by an action ar decision of the licensing authority made hereunder may, within thirty (3~i> days of the date of the document giving root ice 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 writter, ab~ectiar, 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 cornplair,ed of act iar~ or decision, or- a written statement of the complained of action or decision, if no dr~cument was given, shall be attached to said written ob~ectior~. (c) When an obiectic~n is filed, the Clerk of the Camrnissianers Court shall notify the County Judge who shall place the matter on the Agenda of the Cornrnissioners Court far review at the next meeting of the Commissioners Court, that is at least ten (lU) days after the date of the filing of the objection. The Clerk of the Commissioners C~~urt shall notify the licensing. a~_-thority and the complainant that the matter is on the agenda. -9- ~-- 4. (d) The Commissioners Court shall review the matter and cans i der^ sLich i nforrnat i on and evidence that the Commissioners Court may deem relevant and that may be offered by the licensing authority ar the cc+mplainar,t. The Commissioners Court shall either affiro~, reverse, or rood ify the act ior- car decision of the I icensing authority. (e) These pr•ovisior,s for appeal are not exclusive, but are cum,_-lative of any other remedies at law or- in eq,aity. 3. C~3. NOTICE. Any notice required to be given pursuant to these Rules shall be cansider•ed given by depositing same in the U. S. Mail, postage prepaid, and addressed in accordance with the infor•mat ion given by an applicant ar• complainant. 3. C~4. p'EES To defray the reas~}r,able cast of administering these R~_-les, the 1 icensir,g auth~~~r•ity shall requir•= fees to be paid in acc~:~rdance with the sched-_-le establ isheC frcjrn time to time by the C~~mmissioners Court. S~_ich fees shall be paid with the fi 1 ir,g of ar, appl loot ior~ fc~r a permit, I icense, ar- auth~~rizatian; a wr-itten r^eq,sest f~~r^ an inspecti~~n ar^ exception; ar an appeal. 3. v5. LICtNSING OF INSTALLERS. (a> No installer may cornrnence ar proceed in any manner with the construction or installation of, ar a substantial modification ta, a private sewage facility without first having obtained an installer's license from the licensing authority. (b> Licensing procedures shall be as follows: (1) Zn order tc~ obtain arr installer's license, an installer shall mal~re application to the licensing authority ar,d the 1 icensir~g authority shall pr^avide the installer with a copy of these Rules incl~_-dino all current arnendrnents ar~d all applicable State y Laws. (2) The installer, upon demonstrating a knowledge cif the Rules and Standards, and appropriate health laws, shall be issued an installer's license. -1~~- (3) An installer's license fee as determined by the Commissioners Court shall be submitted along with an application, (4> An installer's license is valid for one <1) year from the date of issue and must be renewed annually. A fee will be charged for renewal. (c) The licensing authority shall keep available a current list of licensed installers. (d) A licensed installer shall directly supervise and be held accountable far the proper- instal lot ior, of al l private sewage facilities installed under his authority and pursuant to his license. (e) A licensed installer shall be responsible ft~r- good war-krnanship practices and for followir,o these Rules in the installation of all private sewage facilities installed by him ar under- his authority. (f> Suspension and Cancellatir_,n. t 1) Gr, a shnwinc of good cause, t`,e 1 icensing a~_~tharity may suspend ar cancel an installer's license. Grounds for suspension or cancel lot ior, of ar, installer's 1 icense incl,_ide, b~_~t ar-e not necessarily limited to the fallowing: (A) Installati~~n car- alteration of a private sewage facility without a valid permit to canstr^uct having been issued by the licensing a~_tthr~r^ity. Whenever it appears to the licensing authority that a licensed installer has violated ar- is violating any requirernent of this sect ior, 3. 05, the 1 icensir,o autharity shall provide the installer with at least ten (1U) days written notice of a hear-ing to be held far the pur-pose of considering the suspension or cancel lot ion of the installer's license. F>>llowing the hear-ing, the licensing authority -11- shall provide the installer with written notice of its decision, and shall include therein the reasr3ns for any suspension ar cancellation. (Note: The appeal procedur-es specified in Section 3.02 apply 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 a new 1 icense may nc~t be made f~~r a pe--iad of cane hundred and eighty (18r~) days after cancel lot ion. Violat i~+n a_f items tc) or- (d) may res~_tlt in 1 icense suspension far a period of sixty (60) days. After (?) suspensian~ of a license any further violations may result in cancel Iat irn of the 1 icense for at least one hundred and eighty tiBV) days. (g) A property awr,er who installs his/her awn private sewage foci 1 ity shall be exempt from the req~.tirements of this Section 3. U5 provided however that the design ar,d installation shall be under the dir-ection of a registered sanitarian or licensed prc~fessianal engineer. ;_,. r~6. LICEivSIivS GF SEPTiC TAhJI~ PUMPERS. (a) Na person engaged in the business of septic tank pumpir,o Wray commence or proceed i n any manner with the rernc~va 1 of effluent, sludge or- ar,y other- matter from a private sewage facility with~~ut first having a Septic Tank Pumpers License from the licensing authority. (b) The procedure for obtaining a license shall be as fallGWS: (1) A person desiring to became licensed as a Septic Tank Pumper shall make application t~ti the licensing authority. (2) The application far Septic Tank Pumpers License shall be accompanied by a fee to be set by the Cornrnissioners' Court. (3) The licensing authority shall issue a Septic Tank Pumper-s License to the applicant upon the applicant's dern~~nst r-at i ar, t o the i i ceps i r,a authority of a kn~awledge ~~f these Rules, Standards and applicable State laws. (4) A Septic Tank Pumpers License shall be valid for one (i > year frarn the date of i sstiar,ce. A fee t a be set by the C~~mmissioners' Court shall be charged for- rer,ewa 1 . -1~- ~~ tc) The licensing author-ity shall keep available a current list of licensed Septic Tank Pumpers. , (d) A licensed Septic Tank Pumper shall directly supervise the pumping and/or- rernaval of effluent, sludge ar any other matter fr-orn a private sewage faci 1 ity, and shat 1 be responsible far the proper removal and disposal of any effluent, sludge or- matter so removed. te) A Licensed Septic Tank Pumper shall maintain a waste hauling log book and submit monthly reports of his activities to the licensing authority. (f) Suspension and Cancellation. tl) On a sh~wir~g of goad cause, the licensing authority may suspend or- cancel a pumpers license. Grounds far- suspension car- cancel lot ion of a pumpers 1 icense include, but ar•e not limited to the following: (A) Disposing of septic tank sludge and effluent in an ~_tnapprc~ved manner. (Es) Repeated ar~ci dc~c~_~rner~t ed f a~_~ l t y we~rkmar~sh i? i n connecti~:n with the pumping of private sewage facilities. tC> Any ether vic~Iatic~n of these Rules. -13- CHAPTER 4 DUTIES AND POWERS 4. V i . DUTIES AND POWERS. The Upper Guadalupe River Authority is designated by the Commissioners Court to be the licensing author-ity far these Rules and thus have the duty, and necessary powers, to administer- and enfor-ce these Rules. The Upper Guadalupe River Authority as the licensing authority, shall have the following duties and necessary conc~_~nr i t ar,t powers (i) To enforce these Rules and tc~ make appropriate recommendations to proper C~~~_~nty authorities when instances of r,or,cornpliance with these Rules have beer- determined. (2) To rnake inspections of any existing private sewage facilities, when requested or required, ar,d all new private sewage facilities. (3> To c~~llect all fees set by the Commissioners C~o~_tr-t as necessary t c• r-mac aver- the reasor,ab 1 e costs i r,c ~_tr-r-eb i r, meeting the req,_~irements of these Rules. (4) To make serni-ar,r,~_ial repot-ts to the Cornmissior,ers Cour-t an all actions, including legal actions, taken cancer-nir,g these Rules. (5) To develop the necessary pr~~cedures, including deveiopmer,t of appl icat ian forrns, and establ ishmer,t cif reasonable recur-d keeping to cart-y out the functions of these Rules. (6) To perform all other duties necessary to meet the requirements of these Rules. -14- CHAPTER 5 LAWFUL DISCHARGES AND GENERAL RE[~UIREMENTS 5. t~1. LAWFUL DISCHARGES. After the effective date of these Rules, only the following types of sewage discharges shall be lawful: (i) Sewage discharged into an organized disposal system operating under- a valid permit issued by the Texas Water CGrnmi ss i can. (2) Sewage discharged into a private sewage facility designed, installed, l i ceased, oper-ated, and maintained ir, accordance with these Rules. <3) Sewage discharged int,~ an existing private sewage facility that is in use or, the effective date c,f these Rules, that has art been substantially modified since the effective date Gf these Rules, and that is open-at ed and ma i r,t a i r,ed i n such a manner as rn~t t r~ cause pc~l 1~_tt iar,, a thr-eat to the public health, ~ .r n~_i i lance coed i t i~~ns. 5. t>`. REQUI REI+'IENTS. (a) No per-son, except the per-son owning Gr- having the right of p~~ssession and use of the par-ceI of land upon which a proposed private sewage facility is to be located, may apply for a private sewage facility permit or license. (b) The design, coast ruct i on, and i r,st a 1 1 at i Gn of any new private sewage facility and the maintenance of any private sewage facility shall, at a minimum meet the requirements set Earth in the Standards. (c) NG person may cause, suffer, allow, or permit the constructiGn or installation of, or a substantial modification to, a private sewage facility unless a permit therefor has first been issued. (d) The car,structian, installation, or substantial rnc~dificatior, of a private sewage facility shai2 be made in accordance with the approved desigr, and requirements of the permit issued therefor-. -15- ._-- (e) No component of a private sewage facility shall be covered until an inspection by the licensing authority has been made. Provided, however, absorption trenches or beds, ar evapatrar,spiratior, 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 instal lot ion, construction, or substantial modification complies with the these Rules, the Standards, or other special conditions specified -ir, the permit. ~ - (f) No per^sor, may cause, suffer, allow, or per^rrit the operation or use of a new private sewage facility unless a 1 icense, or necessary 1 icense arnendrnent therefor-, has first been issued. (g) No per^sar, may ca~_~se, suffer, allow, or per^rnit the construction or installation of a private sewage facility ar, a lot or tract that is smaller^ than that required to meet the requirements set forth in the 5t andards. Pr'avided, however, ar, lots existing pricer' to the effective date of these R,_~les, a private sewage facility may be per'rnitted t~=~ be cor~str~.~cted on a lc~t smaller than one half acre, if it is dem~~nstrated by a thorough investigaticm 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 thr-eat of pollution or' nuisance cord i t i ans. (h) The effluent from a private sewage facility, whether using a aerobic or anaerobic treatment unit, must be discharged into a properly designed and constructed absor^ptian or^ evapotranspiration unit and shall not be discharged to the gr'aur,d surface ar^ intc~ or ad~acer,t to any water in the State. (i> Infection wells, pit privies, and cesspools used to dispose of sewage, and any system utilising naturally or artificially produced hales, cavities, ar- drilled wells to ease the disp~~sal of sewage are specifically prohibited fr'arn being installed and licensed. (,,)) No person may ca,_ise, suffer-, al law, or per'nrit the rnair,ter,ar,ce of a private sewage facility in such a manner as t a cause, or as may tend t ~~ cause, po 1 1 ut i on, ir,J ury to p~.ibl is health, or nuisance cor,dit ions. (k) The licensing authority shall not issue a permit for the installation of a private sewage facility until a plat of the building l~:t has been appr'~~ved by the -:6- Cornrnissioners' Court, and filed for record in the office of the County Clerk, unless said property has applied for ar~d received an agricultural exempt ion frorn ad valorem taxaticn. Prior to issuing a permit the licensing authority shall ascertain frorn the Co~.~nty Clerk that the prop~~sed building lot is a lot in an approved subdivision car that it is req~_~ired to be platted, ar that it is excepted from the platting requirements. -17- CHAPTER 6 DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS 6.01. CONNECTION TO ORGANIZED DISPOSAL SYSTEMS. In order to implement the stated pal icy of the legislature and the Texas Water Cornmissic~n 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: (i) No person may ca ~_~se or- a I 1 ow the i nst a 1 1 at i an of a private sewage facility when any part of the pr~~perty to be served by the pr-ivate sewage facility is withir, 3~?O feet in horizontal distance (measured on the cl c~sest pract i cab 1 e access route) of an existing ar-ganized disposal system, unless one of th,e following req u i rernent s has been met ; (A> The person has received a wr-itten denial of service fr-c~rn tie owner ar gc~verr,ing body of the or-gar,i~ed disposal system; ar- (E+) The per-sar, has received a written deterrnir,atior, from the licensing author-ity that it is not feasible far- the person to canr,ect to the organized disp~~sal system. (~) Whenever ar, organized disposal system is developed within 3r~~~ feet in horizontal distance (measured on the clase_st practicable route) frc~rn any part of a property that is served by a private sewage facility, that facility shall be connected to the organized system within 1Q 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 ir, subsections (1> (A) or (1> (B> of this section has been met. -18- CHAPTER 7 CONSTRUCTION AND OPERATION REQUIREMENTS 7.01. REQUIREMENTS FOR NEW PRIVATE SEWAGE FACILITIES. {a) A permit to construct 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 const r~uct i on can c~~rnmence. (b> A license to operate must be obtained from the licensing authority prior to operating a new private sewage foci 1 ity and wi 11 be iss~_ced after sat isfactory completion and appr~ oval of construction. 7.02. PERMIT TO CONSTRUCT. {a) To make application fc~r a per-mit to construct, the applicant shall s~_~bnrit to the licensing authority the follvwino• (1) A properly completed applicaticm for a permit t~,~ construct and a flood plain management development per-rni t . (~) The required fee. (3) A legal description and/or' map showing the location of the pr'..per-ty. (4) A descY'~tion of and the depths of the sails on the -property. The soils description shall determine: {i) Depth to nearest gra~_~ndwater. (i i) Depth to bedr-ock or other- impervious strata. (iii) Approximate soil permeability based on the Soil Survey of Kerr County, Texas (Soil Cor,ser-vat ior, Service - March 1'386) . (5) When required, the results of soil percolatior, tests per-formed by a Registered Professional Engineer-, Reg i st er•ed _ Profess i ono 1 Sanitarian, or- sirnilarly q ualified person, approved by the licensing authority. Percolation tests shall be performed ir, accardar,ce with the Standards. -19- ..r. (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 or deny a permit to cor,str-uct on the basis of all relevant factor-s. (7) A drawing or drawings with distances shown between features reflecting that the prop~~sed private sewage facility will comply with these Rules ar,d dem~~nstrating that the lc~t or- tract is large en~~ugh 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 adaacent proper^ty. (E~) The location of all buildings or dwellings, existing or pr~~posed, on the pr^operty. (C) The slopes, cc~r,ta~_tr-s car ether pertinent feat~_~r^es of the tern-ain. (D) The lacatior, of all water supply lines and tanks, existing or proposed, and existing sewage disposal facilities. (E) The location of all roads, streets, easements, creeks or^ other water, etc. , add acent t a the property or transversing it. (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 licensing authority may require. (b) The completed application and all additional inforrnat ior, submitted shall not contain ar,y false infor^mation or conceal any material facts. (c) A permit to construct shall expire six (E) months fr-orn the date of issuance unless construction of the private sewage foci 1 i t y covered by the permit has cornrrer,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. A fee will be charged to cover costs of re-iss~_~e of per-rnits. -2G- =,, ~_ When a permit has expired and conditions have changed, a new application roust be processed and the required new application fee must be paid. Fees are not refundable. (d) Within thirty (3~~) days after a proper and complete application has been made, the licensing authority shall make a finding on the issuance of a permit, based upon the information contained in the completed application and any other- information available to the licensing authority. (1) Upon a finding that construction can commence, a permit to canstr-uct shall be issued to the applicant. (2> Upon finding that a permit to construct cannot be issued, the licensing authority shall so notify the applicant ir, writing withir, ten (10) days of that finding and shall include the reasons for- denying the issuance of a permit. 7. ~3. LICENSE TO OPERATE. (a) Each r,ew pr-ivate sewage facility shall be inspected and approved by the licensing auth~lrity prier 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) hours, excluding weekends and legal holidays, prior to the need for inspection. _ (2) _The appTi-cant or installer shall provide whatever reasonable assistance the licensing authority requests in order to make the inspection. (b) Within five (5) days after an inspection, the licensing authority shall make a finding on the issuance of a license, based upon the informati~an obtained from the inspection and ar,y other information available to the 1 icensing a~sthority. (1> Upan a finding that the use of the new private sewage facility will not cause pollution, injury to the public health, or nuisance conditions and is oat in conflict with these Rules and upon payment of appr-opriate fees, a 1 icense to operate the facility shall be issued to the applicant -~1- (~) Upon a finding that a license to operate cannot be issued, the licensing authority 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. ~:> gallons per day of sewage. Said designs shall be made in accordance with these Rules, including the Standards, except that single corn part rnE r,t t reat rner,t ~_, r, i t s sha 1 1 nut be ut i 1 i z ed, b~_~t i r,st ead, t neat rnent ~_~r, i t s with t wr_~ ur more cornpart ment s c ~r t wc, ar mare t neat mer,t units cur,r,ect ed i n series sha 1 1 be utilized. 7. ~>5. SPECIAL REC?LiIREMENTS FOR AEROPIC SYSTEMS, COLLECTIVE SYSl"EMS AND Ol"HER ALTERNATIVE SYSTEMS. ta) A Register^ed Pr^ofessianal Er~gir,eer^ car Registered Pr^~~fessic~nal Sar~itar^iar,, car- similarly qualified pers~~n, approved by the licer,sir,o authority, shall design all private sewage facilities utilising aertbic treatment processes, all c•=~ 1 l ect i ve systems and all other a 1 t er^nat i ve systems, pr^ov i ded, however, the des i an meet s the req~_,irerner,ts of Sec. c. ~6. of these Rules and Rule . ~?taS tb) "Desior•, Appr~=~va1 f~}r Pr^ivate Sewage Faci 1 it ies" of the Standards. (b) Up~~r, c~_~mpletior, of the i•r,stallatiun of private sewage foci lit ies designed ~_,nder Sec. 7. 06. (a) ab~~ve and prior to iss,~_iance ~~~F a license, a n~Marized certificaticrr, will be requir^ed by the person designing the system, statir,o that the ir~stallati_~n has been inspected and has been installed in acc~~rdancc:~ with the design drawings and soecificatiar~s. -23- CHAPTER 8 SUPDIVISIONS 6.01. LICENSING AUTHORITY RECOMMENDATIONS. -- Any person creating ar desiring to create a subdivision, including mobile hc~rne parks, that will utilize private sewage foci 1 it ies, in whole or- in part, must obtain a recommendat ic,n from the licensing authority prior to submittal of the preliminary plat far s~_~bdivision review and commencing construction (except f~1r vegetation clearing3. No permit tc, construct car license to operate will be issued for development in a subdivisior, that does not comply with applicable portions of the County Subdivision Regulations. 8.02. APPLICATION. ta) An applicant far a licensing authority recommendation shall s~_~bmit an application to the licensing authority cantair,ing ir~fc~rmaticnr, that is adequate to establish: (1) That it is n~~t feasible f~~r~ the applicant t~~ provide sewer ser-vice to the subdivisic~r, by rnear~s of an organized disposal system, and (2) That private sewage facilities may be used in the specified s~_~bdivision without causing or threatening to cause, ir,dividualiy or collectively, pollution, incur-y t•:, the p~_~blic health, ar nuisance conditions. This information will include as a minimum: - (A) A map or maps lacatir,g the subdivision relative to on and off-site: (i) Water or water i n the State, (i i) Watersheds, (iii) i{~O year flaadplain and floodway as established by the Federal Emergency Mar,aoernent Agency, (iv> Topography, with contours not greater than five (5) foot intervals, (vi) Soil pr~~files, as classified by the Soil Survey of F:err County, Texas, -24- ° (vii) Existing and proposed individual and public water supply wells, (viii) Existing and proposed organized disposal systems. _ (b) An accurate plat r_,f the subdivision that details the size and intended use of each lot and that details reads and utility right of ways. This plat shall show a subs~~i 1 and gro~.~ndwater^ profile of the entire subdivision cor,sistir,g of core dr^illirigs or^ pit profiles to a depth of 8 feet at the location of each septic system on proposed lots ~,r tracts, including an analysis by a Professional Engineer-, Geologist, or Soi 1 Scientist. The analysis sho~_~ld include sail percolation potential, depth to bedrock, and depth to per-ched or seasonal gr^oundwater tables. This informatic,n must be presented to the 1 icensing author^ity when the plat is submitted for review. A statement of an adequate water- supply sour-ce which will provide water for- the pr-~~posed s~_ibdivision must also be f~.-r-Wished. The source car, be an approved pub l i c water- s~lppiy, ~=~r pr-ivate water wells, if an adequate potable aquifer is available. (C) A list that specifies the type and maximum size (f 1 oorspace, bedroc~rns, seat i rig, etc.) of the intended construction (residential, industrial, cornrnercial, etc.) that will be allowed an each lc~t. based on this list, the applicant shall prr~vide fur^ther ir,f~~rrnation to confirm that a private sewage facility that meets all of the requi~ments of these Rules and the Star~dar-ds can -be constructed on each lot. (D) At the discretior, c,f the licensing authority ar,d in consideration of the sire and density of the pr,-lposed subdivision and other- conditions known to exist in the vicinity of the pr-oposed subdivision, one or mare geological crass-sections may be required from the applicant. These cr^oss-sect mans shall illustrate the geologic formations that make up the subsurface below the s~_ibdivision down to the fir^st agt_~ifer- that supplies, or may be used to supply, drinking water- in the area. These cr-oss- sect i ~~ns sha 1 I i 1 1 ust rat a the pr i rnar^y dip and characteristics (per^meable, impermeable, water bearing, etc.) of each forrnatior~ and the elevation of any water table. (b) The req ~_i i r-ed fee sha 1 1 accarnpany the application. - ~ J (c) No subdivision proposed far use of private sewage facilities will be approved or• recorded without the recommendation of the licensing authority. Within thirty (34) days after a proper- and complete application has been s!,brnitted, the licensing authority shall in writing, either approve, approve with conditions, ar• deny the application. The recommendation shall be forwarded to the subdivision review author-ity, and to the applicant. (1 > Approval : I f the recomrnendat i an i s for- approval of the s~~bdivisian as proposed for- use with private sewage facilities, the s!,bdivisi~~n review author-ity will continue to process the plat for approval and recording. (~) Approval with Conditions ar Denial: If the recommendation is for appr-oval with conditions or for denial, the applicant may accept the r•econ,n,endat i an or f o 1 1 ow the pr•aced ure for except ior, on appeal as out 1 ir,ed in Chapter .3 of this Order. Cd) Limits of Approval : Ftn aepraval rec~rnrnendat iorr does nc~~ constitute either a permit t~1 construct or a license t_~ operate a specific private sewage facility. Final subdivisit~n plat appr•~~val by the C~=~mmissi~ ~ner•s C~~lir•t is a prey-eq!,isite to obtaining a permit or license. 8. U3. LOT SIZES AND REQUIREMENTS. (a) Lot sire criteria: mir,irn!~rn lot sire is based on factors used to det-ermine the suitability of the lot for private sewage facility disposal of sewage and provide enough useable land area for l~~,cation 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 pr-ohibit the use of a private sewage facility. (1> Steep slopes provide fewer suitable locations for- a soil absorption unit and n,ay present increased danger of erosion and surface water infi.ltratiar, of the sc~i1 absorpti~•n unit, and increase the danaer~ of s!,rfacir,g effl!~ent which may present a health, pal l~.tt ion or' nuisance problem. (2) Sail type and geological structure may be marginal or unsatisfactory fc~r a number- of reasons. The roost i rnp _~rt ant of these are 4V tA) Impermeable layers of clay or rack near the surface. tB) Fractures, caverris car crevices in limestone for-mat ions increasing the danger of car,tamir,atior, of underground water; if pr-esent . (C) Highly permeable sand ar gravel near water we 1 1 s, streams, or 1 akes. (D) Areas having a high ar f 1 uct uat i ng water tables car seas~~nal spr-ings. (3) No part cif an absorptive facility shall be installed within icy feet of any springs or sprina- fed ar~d/or r,orrnally flawing streams measured horizontally fr-gym the water's edge tat n~~r-mal flew) except whey-e the average per-cal at i an rate i s 1 ess than 5 minutes per inch of fall, this distance is increased tc~ ~C>O feet fr-orn the water's edge. Alternative waste disposal systems may be required were percol at i ..r, rates ar-e 1 ess than 1 ~ min~_ites/inch ~~f fall in areas ad,lacent t~~ sprin_s ar r,ar-really flc~wir,g streams. (4) Lots shall be laid out when-e possible far car,r,ect i car, t o o f ut ~_~re wastewater cal 1 ect i an system. (b) Lot Size Requirements: tl) Private Sewage Faci 1 it ies for- lots in subdivisiar,s shall be_approved by the licensing authority -sub,}ect to the fr~llowir,g provisions: (A) Lats served by a public water system shall be a minirnurn of i /~ acr-e. (P) There are two (c> dedicated waste disposal areas of c^, 5t3U sq~_care feet each, under 15% slope and suitable for- use for a private sewage facility utilizing s~ril absorption. The l~~cation of each 2,570 square feet area m~_tst be designated ar, the preliminary plat. (C) Far- 1 fined evapatranspirat ion systems, a rnir,imurn lot size of ar,e (1) acre shall be provided with no slope or- ar-ea req~_iiremer,ts. -c7- A l t err+at i ve 1 y, a lined evapotranspiration system may be utilized on a one-half ti/2) acr-e lot provided there are two areas of 2,504 square feet each; under 15X slope, and suitable far use far a privat a sewage facility. The location of each 2,SOt) square foot area must be designated an the pr~el iminary plat. (D> Lots served by individual water wells shall be a minimum of one (i) acre. (E) 1r, calculating lat or tract sizes, easerner,ts, drainage ways, or right of ways ad~acer+t or through such tracts shall be excluded. <~) Collective Private Sewage Facilities shall be approved by the licer+sir,g authority subject to the following provisions: (A) The grass der-sity cif the subdivision shall r,ot exceed tw~~ dwel 1 ir+g units per- acre. Such grr_,ss density shall be defined as the total n+_trnber cif resident ial +_r;-+its divided by the total acr-eage within, the perimeter- of the subdivision. (B) For each dwelling unit utilizing the cal lect ive syster,t, at least 5, OU~7 square feet of lard, of Less than 15'/. slope, shall be designated on the plat as suitable for use fc~r` the collective wastewater disposal system. Each designated area sho+ald contain a minimum __of 5, aU0 sq+_~are 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 ur,i t s Bevel oprnent s, or any of her authority legally authorized t~~ assess and collect fees for the apex-ation and rnaintenar+ce of the c~~l lect ive disp~ sal system, and individual car- collective treatment units. The right of the authority to assess and collect such fees shall be clearly defined in the homeowners agreement ar other legal documents issued by such authority to the residents. -c8- ($) Proposed cc~l lect ive pr^ivate sewage faci 1 it ies shall be located outside the twenty-five year^ flc~~~d plaid; provided that arse-half (I/c:) cif the disp~_sal area shall be located outside of the orte h+_irldr^ed year' fic«~d plain (4) Special Req+_~ir^erllertts f~~r^ Irlstituti~±ns. A Registered Professi_~nai Civil Engineer, Registered Prc~fessi~~rtal Sanitarian ~~r^ sirllila•r^ly y+.ialified persor, aopr~~ved by the licertsir;a a~_~t`i~rrity; car me 11Cen51n0 ~~_itn~?r'lty, ai 1i:5 d15~`r'?~:1~]'r,, 3t al i design all pr^ivate sewage facilities 5zrvi~-,5 instit+_~ti~.~ns. Said desinns =_nall be nz.~d+e irl accordance wit-I t`lese Rliles, irlcl:_idircg t:~e Standards. 5, ~~O~a sa+_iare meet of 1~:} area m+~st be designated f~~r earn badre~:~m t~= be servAd wrier? bedro~~nls are i m: ~ ~ L vee . i n Yt~_'r,-reS i ~d ent i u 1 s+_ibdivi:iorls inv~_~ivina bt.i=_iness, cc.mrnercia_, ar,d industriRl act ivit :as. each ~~_+_~r h+.trtdr'ed f4G4) ga 1 1 _~ns per day cif sewage f~ ~r s+_ich i nst it+_it i errs =_t,a11 ~.'e eG111`/alert's tit }: .`1 :at !~r a ~inCil~ fcirtlli`/ llYl].~:. L.•.. .ilc.1~ r`e yl.'_°_Cj 1:': ~C'_'_~:^C c9Ylc~? W=Ca ti~@ ..; 1 v~l i"i e'r^ ° :~ 1 ~ l' , ~ ., ~ ? .. ~ _ _ . r: CJ 1 ; . r:. . t_i C f i ~ S ? : ~ ~ _ 51~'pe5, anal l~=~W gr" ~I_lnd Wc!i.°T', ar,d P[i~=~r^ ~~r'a1r~.=CG ex:;.st, ttie l:certs_rla aut:i~=ri.~~ may s•_:metirne=_ recl_iir'e or aoor~rJe .a design 5+_iDmi sled by a r~r'_~fessl~=~Y,a1 CY:O :. `le er', Registered Prc~ressl~~Yla1 ~anlt3r'lan ~=,r' S1n11'tar'iV q+_1r111f1Bd Der^s±~r: anpr`:_`J?r by tree 1 icensirte at_ithorit/. 8. ~ ~4. NGrT I i:rc {a) Wher^e ar, at?or'oved recc~nzmer:dat ic~r, has been made and t ~c~ s+_ibdivisian is rec~~rded, a copy cif the written rec _~rnnlend at i _~r, W 1 t `t ar, L' Cer,d 1 t 1 C~r:S 5'C at ed sha i . be f 1 :. nd as a deed rect~rd for' the st_ibdivisi~~n lots. (b) Ar,y per^s~=~r,, ter' his agent= ar' ass;grtees, desiring t~= create a s+_ci~d ivisi~n that Hill +.st i I i ~e private sewage facilities, irl why=~3e ~_~r^ ir, rar^t, and sell, lease, ~~r- r^er,t the 1~_ts they^eir: shall irtf:~r'nl in writ ir,o each or^c,_pe,tive p_ircr,~,se-^, sss=?e _~r^ ,'sY,tEr: (1) That the s+_ibdivisi~.~n is s~ibvect tc~ all of the terms and conditions of these P.+_iles; (~) That a permit t•=~ ccm=_tr+lct steal l be r~q+_iir^ed be ~-?rz a private sewage faci 1 i :y car: be cr~nstructed ir: tie S+~Jd1V1B_:n. -, ::~- (3> That a license t~ operate shall be required far the open-atian of such a private sewage facility, (4) That ar, appl icat iar, fc~r- a s~_,bdivisian with pr-ivate sewao_e facilities has been made and appr-aved~ including ar,y restrictiar,s placed an ar,y such appraval. ~~`1_ CHAPTER 9 ENFORCEMENT 9. tai. INt=GRh1AL (a) The licensing a+_ttt~~~r'itY play r^~'+_,tir,ely inspect private sewace faci 1 it ies to ass+_tre c!?r,t in+_ted cornol iance wita these R+_tles. (b) The licer,sirr3 a+_tthor'ity shai'_ ir,saect any private =_ewane facility that i~ r~as~~nably believed t~~ be causir,a D4lluticln, a threat tc! the p+..-blic hea:ith, ~_~r' r:+_l1saY,c° Conti i ~ 1 clnS, Cyr' t ~ ~ have betzn S+.I~St ~rlt 1 a i ~ ~/ nl!_'d 1 :' 1 ec witho~.,t cc~m~iying wittl these R+_ties hase^ can a cr'edie.Ci CllnlOlaint l=,i' rather lnf~_r`r,te.tliln aVailabie t!~ the licensir,c a~_ttf-,..r^ity and may inspect a•r,y r,Bw pr'ivatL sewace faci I ity sh~_uld the corrd i+: ions ex.st ing 2.t ti,e time •.f I icensir:g be fcl+_tnd t _! have chanced. _Tf upon s+_ich inspect i_~n it is fc~+_~rtd that poi lut i!?n, a thr2a•. t _~ OllL1l1C health, Cyr' n+_Ilsance CC~nCitl~~n5 i3 _~CC!_tr"r`r,^, _~r' aY, +_tnt7ern17.': ~3(~ S!_t~5t ~Ytt icz' ntC~GJ 1 := i C_tt .~ ~'rl We!S !~er`1't~r`r,1f=C, ~~~l r= ~ .. =°r1=~:Yi C] %~ll t; i",or` ,'J S+iai _ 'mil=~ rye'; I~= - 1. .~wY~?'t' - --;~:_~ pr _l o l erns rm_ts , ce r`-rnel~ i ea i r+ ~_~ra er' s _ ac- j e,l,e cernol iance, and set a r?as~_,nabie am~_,ar:t =~ ~ time t _~ aCi'1:eVE_"' C=~n1U12c,Y~C?. The przvat~ SeWaee -~C' ~ It:/ S~iaii []e r'~?lYtsD~?l=tt+~ aC t!'lf3 t?:tplr'ati~~n ~=i t:t:~ d~i~_'r'~:Fd t:~ltt~. (1) If the facility is fc~!!nd tc, be cor,lr~?iar,L, 2 licer;se ther'efor'e nlay be iss+_eed c+r' t:l+e ex i= : ir,o Z icer,se r,tay be rood i f i ed. <~) If the facility is fo+_tnd t'-~ to r,or,cemcliar,t, apar'opr`iate enf~ ~r'cenlent sha:~ I ee taken. 9. C1c. CR I M I iVAL ('EXAS WATEn CODE. SEC. 6. E i 4 ) (a> A person why ~ vii}lates any of these Rules, is o!! i ltd! ~_ f a rlisderneanor ar,d en canvictior, is pur,ishaoie by a fine r_~t~ nr~t less than $L<_;, ~;t_~ n••r mare than $i_t"1~%. i;,_=, Eac:t day that a violati_~n occ+_tr`s constitutes a se~ara;:e offense. 1~) .J~1r^1_~~l.C i~_r, T~~~r' Qr'r, t?CL, ~ 1C~r, ;~r ,~ S!;I _IY,C~_r` x;113 sect 1 4n 1 5 1 r, the J +_lSt i C° C' f t ne peace ca+_trt s. (C/ Ven+_te fCir' pr',15CCr1t1C+n ~1T e~ s~11t +_ln~2r' }hls seCtl~~l'l 1~ IY't the ~+_tst ice cif the peace precinct in which the vi _liaTion is ai leged t~ ~ have c ~ccl.tr`r'eci. -.~ ? - _ ,~_ 9.03. CIVIL