ORDER NO. 20750
CONSIDERATION OF PROPOSAL OF INCORPORATIivG
THE CITIZEN'S COMMITTEE'S RECONI1siENllATIONS
FOR PRIVATE SE6~ERAGE SYSTEMS
On this the 13th day of January 1992, upon motion made by Commissioner
N~organ, seconded by Commissioner Lackey, the Court UNANIMOUSLY APPROVEL
BY A VOTE OF 4-0-0, directing Stan Reid, the Assistant County Attorney,
and David Litke, the Enviromental Health Officer to prepare a proposed
order incorporating the Citizen's Committee, State Audit, and the
Community Action Groups recommendations as appropriate and present a
draft to Commissioners' Court for possible acceptance and future adoption.
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C O~PR
ND PRESENT A DRAFT TO
COMMISSIONERS COURT FOR POSS E ACCEPTANCE AND ADOPTION.
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COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: _ ?'fir`/ FZ F~ OFFICE: G~ yry'r`Z ~t rr~~NF y
MEETING DATE: TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) DNS ~O F"~ !ss v~tiJ(~ ~vd ~<<~-
O F C c ~ J Z ~v S' Cer1~t M S T T~-F=~ P~.o P o S Eo rL u ~~ ,¢.~
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~rit~riuh3t'S rN wN~~~ ~7L- IN ~"~ ~ ~f 'tom ~ ~JY f~.C,~~
EXECUTIVE SESSION REQUESTED: YES NO ~-
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: ~-~ ~-
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ~--~ ~- ~Cs•-_-~
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
~ Meetings held on second Monday: 12:00 P.M. previous Wednesday
~ Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REDDEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ,@
Ail Agenda Requests will be screened by the County Judge's Office to~determine 1f
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
Texas Department
Robert Bernstein, M.D. F.A.C.P.
Commissioner
1100 West a9th Street
Austin, Texas 78756
(5121 458-7111
February 25, 1991
Honorable W.G. Stacey
Kerr County Judge
700 Hain
Kerrville, Texas 78028
of Health
Robert A. Maclean, M.D.
Deputy Commissioner
SUBJECT: Proposed Rules of Kerr County for On-site
Sewerage Facilities
Dear Judge Stacey:
This Department has completed a review of proposed amendments to existing
rules for private sewage facilities. Kerr County proposed to amend the
existing rules by replacement with the proposed "Rules of Kerr County for On-
site Sewerage Facilities".
Based on our review, we offer no objection to the rules as proposed and look
forward to an early formal adoption by the Kerr County Commissioners Court.
Upon their adoption, please forward the rules to this Department in order that
we may prepare a new agent designation order for Kerr County in accordance
with Chapter 366, Health and Safety Code.
If we may be assistance in the meanwhile, please let us know.
Sincerely,
~ ~~ ~
es E. Pope, P. E., irector
Division of Llater Hygiene
THJ:sl
cc: Kerr County Environmental Health Unit
Attn: David Lf tke, R.S.
t
~'
DIFFERENCES BETWEEN CURRENT ORDER AND STATE REGULATIONS
WHERE COUNTY ORDER IS MORE STRINGENT
Chapter 1
Subdivision definition by including county subdivision regulations and multi-
family dwellings. Does not include states 4 or more adjoining lots or tracts,
any one of whiEh is less than 2 acres in size.
Chapter 2
None
Chanter 3
Licensing of installers. This section is obsolete since the Texas Department of
Health now does licensing.
Licensing of pumpers--now redundant with newer laws.
Chapter 4
Par. 4: monthly reports instead of semi-annual.
Par. 5: added as clarification of duties.
Chapter 5
5.02 k. added entirely.
Chapter 6
Same.
Chapter 7
7.02 (a) (3) and (4), (6), (7): added to provide better evaluation and planning
to reduce complications during construction.
7.02 (c) six month expiration instead of one year.
7.02 (e) and (f} State has 10 acre exemption and no requirements for blasting.
7.03 (a) County less stringent. State requires 5 day notice instead of 2 days.
7.03 C. Terms of licenses. A license is mandatory, terms and conditions are
optional.
.' ~'
7.05 is additional--reinforces construction standards and Texas Department of
Health Policy. States responsibilities of the engineer or sanitarian.
Chapter 8
County requires meshing with subdivision regulations.
8.02 additional information required for topography, soil evaluation, pit
profiles, professional analysis, 30 day review instead of 45 days.
8.03
(t) This section contains a large amount of explanatory material.
(2) Lot size is 1 acre vs. 1/2 acre with public water supply.
(3) Lot size is 2 1/2 vs. 1 acre with private water well.
(4) 125 ft. setback instead of 75 ft. from water body.
(5) Density requirement and additional detailed study for collective
systems and institutions. State has no density requirement for gallons
per specific land area size.
Chanter 9
Same
.: - ,.._
DIFFERENCES BETWEEN CURRENT ORDER AND
PROPOSED AMENDED ORDER
In general the purpose of the amendments is to clarify wording; add current
terminology; delete obsolete wording and requirements; and reflect changes
required by Chapter 366 of the Texas Health and Safety Code and by the Texas
Department of Health. Amendments include previous amendments (2-Sg) to fully
ratify them.
Cheater 1
All references to private sewage facility changed to read on-site sewerage
facility throughout the order.
Authorization and substantial modification deleted.
Alteration, extension, installer, licensing authority, owner, repair, added.
State has wording for 25 percent provision for alter or extend.
Existing facilities, new facilities, nuisance, single family residence,
standards, include additional wording for clarification.
Chanter 2
2.01 reflects change in state agency authority.
2.02 nuisance conditions added to reflect state wording.
2.03 par. b. deleted since cities have their own order.
2.04 reflects change in state agency authority.
2.06 (b) reflects change in state agencies and provides better application of the
regulations in case of differing requirements.
2.06 (c) wording added to reinforce authority.
2.08 added to clearly clarify that a permit is required.
Chapter 3
3.01 (a) added to clarify 3.01 (b) and 3.02
3.02 (e) deleted as redundant and not appllcable.
3.04 wording added and deleted to provide clariflcation of fees being required,
when and how handled.
3.05 this section is mostly deleted as obsolete due to state licensing now being
required.
par. a. retained to provide enforcement at local level to prevent delays at state
level.
par. b. retained as homeowners privilege and is part of the Health and Safety
Code.
3.06 largely deleted to prevent duplicate licensing from the Texas Department of
Health.
par. a. and b. reinforces state requirements and provides far local enforcement
if needed.
Chanter 4
4.01 verifies Kerr County Environmental Health Department as licensing authority
rather than Upper Guadalupe River Authority.
par. 1 wording `file criminal complaints' added to reinforce duties required.
par. 4 changed to monthly reports instead of semi-annual to keep Commissioners
Court better informed.
Chapter 5
In general, an authorization requirement is added to reduce formal permitting and
unnecessary paperwork of alterations, extensions and repairs. Allows for
department to assist owner and check to see that site conditions do now worsen
or create pollution.
5.01 March 22, 1988 added, `effective date of these rules' deleted to reflect
actual time of change.
5.02 new wording added to replace old wording throughout.
Example: substantial modification replaced with alteration, extend or repair.
Wording added in b, c, d, e, h, ~, k, 1, and m for clarification.
par. (c), (d), and (e) wording added to prevent confusion in the field between
installer, owner, licensing authority and others.
par. h. incorporates Texas Department of Health policy and provides alterations.
par. k. deletions provided for clarity. Last sentence added to incorporate
subdivision regulations.
par. 1. added for clarification and enforcement at local level if needed.
par. m. added to clarify location of septic systems in relation to water and
floodplain regulattons. Distance shortened to state standards. Better site
evaluation reduces need for the more stringent setback.
Cheater 6
6.01 (2) deleted to prevent conflict with Attorney General opinion.
Chapter 7
In general, an authorization requirement is added to reduce formal permitting and
unnecessary paperwork of alterations, extensions and repairs. Allows for
department to assist owner and check to see that site conditions do now worsen
or create pollution.
7.02
(a)(2) wording added to reiterate requirement.
(a)(3) and (4)(iii) wording (directions and name) added for clarification.
(a)(4)(iv) added for better site evaluation.
par. c. added to coincide with permit to construct and provide time limit for
owner to complete process.
par. d. wording added to clarify when and how permit expires.
par. e. provides for 25 acre exemption from permitting. Most of addition is to
fully clarify exemption and prevent abuse and misunderstanding of the exemption.
par. f. dynamite provision replaced with added clarification for exemption.
Monitoring dynamiting is hard to enforce and places county in liable situations.
7.03 (a)(1-4) wording added to provide order and prevent confusion for inspection
requirements.
par. (b) required inspections added for clarity of paragraph.
par. C subparagraphs rewritten to clarify conditions of licenses and requirements
for transfers.
7.04 re-written for clarification.
par, c and d. added to provide licensing for existing and grandfathered systems.
7.05 clarifies requirements and responsibilities of engineers and sanitarians to
prevent additional work on the part of the health department.
7.06 same as 7.05 reinforces construction standards and Texas Department of
Health policy.

Chapter 8
8.01 wording added for clarification of what types of developments are regulated.
8.02 (a)(2)(A)(V) added for better site evaluation.
8.02 (a)(2)(B) wording added and deleted to improve site evaluation and reduce
unnecessary evaluation at developers expense.
8.03 (a) wording added to prevent unregulated and questionable development.
8.03 (a)(3) last of paragraph deleted as obsolete due to better site evaluation.
8.03 (a)(4) paragraph added to clarify floodplain regulation requirements.
8.03 (b)(1)(A) lot size increased to 1 acre to reduce pollution potential and
provide suitable area for septic system for all types of site conditions.
8.03(b)(1)(B) wording deleted as unnecessary. Wording added to provide areas for
actual site conditions present.
8.03 b(1)(C) wording for evapotranspiration systems deleted as obsolete.
Lot sizes with water wells increased to 2 1/2 acres to prevent well easement
encroachment on adjoining property and provide spacing of wells.
8.03 b(1}(D) wording added to better utilize unusable areas reducing unnecessary
lot sizes above the minimum.
8.03 (b)(2)(a) and (b) wording deleted and clarified to eliminate unnecessary
requirements for designated disposal areas.
8.03 (b)(3)(B) floodway added, 25 year flood plain deleted to reduce burdensome
calculations and provide better protection of systems from damage by flooding.
8.03 (b)(4) wording added for clarification and to remove unnecessary and
inadequate requirements for disposal area.
8.03 (b)(5) paragraph deleted as obsolete.
8.04 (a) plat note requirement added for flexibility and to ensure buyers are
aware of requirements.
Other changes in section 8.04 relate to clarification of subdivision
requirements.
Chanter 9
9.01 (a) 1 and 2 wording added to clarify the authority and responsib111ties to
enter property.
9.01 (b) current terminology added obsolete wording deleted.
9.01 (c) reinforces responsibility of owner.
9.01 (c)(1) amended added instead of modified to provide clarification of license
and reduce paperwork.
9.02, 9.03, 9.04 these sections amended to show changes in statutory authority
and state agency authority.
RULES OF KERR COUNTY, TEXAS
FOR
ON-SITE SEWERAGE 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
2.08.	Permit Required
CHAPTER 3.~	ADMINISTRATIVE PROVISIONS
3.01.	Exception
3.02.	Appeal
3.03.	Notice
3.04.	Fees
3.05.	Registration cf Installers
3.06.	Registration of Transporters
CHAPTER 4. DUTIES AND POWERS
4.01. Duties and Powers
CHAPTER 5.	LAWFUL DISCHARGES AND REQUIREMENTS
5.01.	Lawful Discharges
5.02.	Requirements
CHAPTER 6.	DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS
6.01.	Connection to Organized Disposal Systems
CHAPTER 7.	CONSTRUCTION AND OPERATION REQUIREMENTS
7.01.	Requirements for New Private Sewage Facilities
7.02.	Permit to Construct
7.03.	License to Operate
7.04.	Existing On-Site Sewage Facilities
7.05.	Special Requirements for Institutions
7.06.	Special Requirements for Aerobic Systems,
	Collective Systems and Other Alternative
	Systems
CHAPTER 8. SUBDIVISIONS
8.01. Licensing Authority Recommendations
8.02. Application
8.03. Lot Sizes and Requirements
8.04. Notice
CHAPTER 9. ENFORCEMENT
9.01. Informal
9.02. Criminal
9.03 Civil
9.04. Failure of Licensed Facilities
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 system that primarily
relies on soil absorption in an absorption trench or absorption
bed to dispose of the effluent from a wastewater treatment unit.
"Alteration" - Any change by which either of the treatment
unit or disposal unit is replaced.
"Code" - Texas Health and Safety Code
"Commissioners Court" - The Commissioners Court of Kerr
County, Texas.
"Dedicated Waste Disposal Area" - Means an area which can not
be covered by impervious materials, used for parking or other uses
which may adversely affect the evaporative or absorptive
capabilities of the system.
"Existing On-Site Sewerage Facilities" - Any on-site sewerage
facility that was in use on March 22, 1988. Such a facility shall
be an existing on-site sewerage facility 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. Any on-site sewerage facility that
has been actually used at any time during the twelve (12) month
period immediately preceding March 22, 1988, shall be conclusively
presumed to have been in use on the effective date of the Rules.
"Extension" - Any addition to an on-site sewerage 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.
"Installer"- A person which is compensated by another to
construct, install, alter, or repair, an on-site sewerage
facility.
"Institution" - Any establishment other than a single family
residence.
"License" - A License to Operate as required by Chapter 7 of
these Rules.
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"Licensing Authority" - Means the Kerr County Environmental
Health Department (KCEHD) 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.
"Mobile Home Park" - Any facility or area developed for the
lease or rental of two or more mobile homes.
"New On-Site Sewerage Facility"' - Any on-site sewerage
facility that does not qualify as an existing on-site sewerage
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 sec. 366.002 of the code.
"On-Site Sewerage Facility (OSSF)" - A1~1 systems and methods
used for the disposal of sewage, other than organized disposal
systems. On-site sewerage facilities are usually composed of
three units; the generating unit (the residence, the institution,
etc.), the treatment unit (septic tank, etc.), and the disposal
unit (the drainfield that may be an absorption trench or bed, or
an evapotranspiration bed).
"Organized Disposal System" - Any publicly or privately owned
system for the collection, treatment, and disposal of sewage that
is operated in accordance with the terms and conditions of 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 sewerage facility.
"Permit" - A Permit to Construct as required by Chapter 7 of
these Rules.
"Person" - Any individual, corporation, organization,
government or governmental subdivision or agency, business, trust,
estate, partnership and any other legal entity or 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 sewerage 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 Systems" - Any such well or system
for which the owner or operator has entered into contractual
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obligations, which cannot be cancelled or modified without
substantial loss, for the construction of such well or system that
will be completed within a reasonable time.
"Repair"- Replacement or restoration of one or more
components of an on-site sewerage facility. The term applies to
the correction or remedy of a malfunction or nuisance.
"Sewage" - Waterborne wastes that are primarily organic and
biodegradable or decomposable and that generally originate as
human, animal, or plant wastes from domestic activities, such as
washing, bathing, and food preparation, and certain retail or
commercial activities.
"Single Family Dwelling" - A habitat structure constructed
on, or brought to its site, and occupied by one or more persons.
"Standards" - The standards set forth in the pamphlet
entitled "Construction Standards for On-Site Sewage Facilities"
and all future amendments thereto, which were adopted by the Texas
Board of Health, pursuant to Chapter 366 Health and Safety Code,
of the Texas Revised Civil Statutes Annotated, as Texas Department
of Health Rules 25 TAC 301.11-301.17 and which were originally
published in 12 TEXAS REGISTER 2226.
"State" - The State of Texas.
"Subdivision" - A subdivision that has been platted and
recorded with the county clerk or that is required by statute to
be so platted and recorded, or as defined by the Kerr County
Subdivision Regulations; or mobile home park; or any lot or tract
used or intended to be used for multifamily dwellings, including
specifically 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 territorial limits of the State, and
all other bodies of surface water, natural or artificial, inland
or coastal, fresh or salt, navigable or nonnavigable, and
including the beds and banks of all watercourses and bodies of
surface water, that are wholly or partially inside or bordering
the State or inside the jurisdiction of the State.
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CHAPTER 2
ESTABLISHMENT ANO GENERAL PROVISIONS
2.01. AUTHORITY.
These Rules are adopted by the Commissioners 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
Chapter 366 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.
(a) 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 Kerr County.
2.04. EFFECTIVE DATE.
(a) These Rules shall become effective upon their approval by the
Texas Board of Health.
2.05. INCORPORATION BY REFERENCE.
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.
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 Department of
Health, the order, resolution, or rule adopted by the Texas
Department of Health 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.
(c) The licensing authority shall, within the purpose of these
Rules, resolve any question regarding any interpretation of
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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.
2.08. PERMIT REQUIRED
Except as otherwise provided for herein, a permit or other
applicable authorization is required to operate, construct, alter,
repair, or extend an on-site sewerage facility.
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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 Chapter 3.
(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 thirty (30) days after the receipt of said request,
the licensing authority shall review the request and reply to
the applicant in writing either granting or denying the
request. If the request is denied, the licensing authority
shall include the reasons for denial in the reply.
3.02. APPEAL.
(a) Any person aggrieved by an action or decision of the
licensing authority made hereunder may, within thirty (30)
days of the date of the document giving notice of the action
or decision, or within thirty (30) days of the actions, if no
document is given, appeal to the Commissioners Court.
(b) The appeal shall be initiated by filing a written objection
with the Clerk of the Commissioners Court. The written
objection shall state what the complainant believes the
action or decision of the licensing authority should have
been and the reasons therefor. A copy of the document
containing the notice of the complained of action or
decision, or a written statement of the complained of action
or decision, if no document was given, shall be attached to
said written objection.
(c) When an objection is filed, the Clerk of the Commissioners
Court shall notify the County Judge who shall place the
matter on the Agenda of the Commissioners Court for review at
the next meeting of the Commissioners Court, that is at least
ten (10) days after the date of the filing of the objection.
The Clerk of the Commissioners Court shall notify the
licensing authority and the complainant that the matter
is on the agenda.
-6-
(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.
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
The licensing authority shall require fees to be paid in
accordance with the schedule established from time to time by the
Commissioners Court. Such fees shall be paid with the filing of
an application or request and no such application or request will
be considered filed until the fees are received. Fees are not
refundable.
3.05. REGISTRATION OF INSTALLERS.
(a) A person may not operate as an installer unless the person is
registered by the Texas Department of Health.
(b) A person who installs its own on-site sewerage facility on
its own property shall be exempt from the installer
registration requirements.
3.06. REGISTRATION OF TRANSPORTERS
(a) A person may not commence or proceed in any manner with the
removal of sludge, effluent or any other matter from an on-
site sewerage facility unless the person is registered by the
Texas Department of Health as a transporter.
(b) All wastes removed from on-site sewerage facilities must be
transported to an organized disposal system for final
disposal. Policies for acceptance of all sludge, sewage
liquids, or other wastes will be established by the owner of
the system receiving the wastes. If the owner refuses
acceptance, then proper disposal must be made in accordance
with applicable state laws and regulations.
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CHAPTER 4
DUTIES AND POWERS
4.01. DUTIES AND POWERS.
The Kerr County Environmental Health Department (KCEHD) is
designated by the Commissioners Court to be the licensing
authority for these Rules and thus has the duty, and necessary
powers, to administer and enforce these Rules. The KCEHD as the
licensing authority, shall have the following duties and necessary
concomitant powers:
(1) 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.
(2) To make inspections of any existing on-site sewerage
facilities, when required, and all new on-site sewerage
facilities.
(3) To collect all fees set by the Commissioners Court as
necessary to recover the reasonable costs incurred in
meeting the requirements of these Rules.
(4) To make monthly reports to the Commissioners Court on
all actions, including legal actions, taken concerning
these rules.
(5) To develop the necessary procedures, including
development of application forms, and establishment of
reasonable record keeping to carry out the functions of
these Rules.
(6) To perform all other duties necessary to meet the
requirements of these Rules.
-8-
CHAPTER 5
LAWFUL DISCHARGES AND GENERAL REQUIREMENTS
5.01. LAWFUL DISCHARGES.
(A) After March 22, 1988, only the following types of sewage
discharges shall be lawful:
(1) Sewage discharged into an organized disposal system
operating under a valid permit issued by the Texas Water
Commission or the Texas Department of Health.
(2) Sewage discharged into an on-site sewerage facility
designed, installed, licensed, operated, and maintained in
accordance with these Rules.
(3) Sewage discharged into an existing on-site sewerage
facility that is in use on March 22, 1988, that has not
been altered, repaired or extended since the effective date
of these amendments, and that is operated and maintained in
such a manner as not to cause pollution, a threat to the
public health, or nuisance conditions.
5.02. REQUIREMENTS.
(a) No person, except the person owning or having the right of
possession and use of the parcel of land upon which a
proposed on-site sewerage facility is to be located, may
apply for an on-site sewerage facility permit or license.
(b) The design, construction, installation, alteration, repair,
or extension of any new on-site sewerage facility and the
maintenance of any on-site sewerage facility shall, at a
minimum, meet the requirements set forth in the Standards and
these Rules.
(c) No person may cause, suffer, allow, or permit the
construction, installation, alteration, repair, or extension
of, an on-site sewerage facility unless proof is shown a
permit or authorization therefor has first been issued.
(d) The construction, installation, alteration, repair, or
extension of an on-site sewerage facility shall be made in
accordance with the approved design and requirements of the
permit or authorization issued therefor.
(e) No component of an on-site sewerage 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, or other special conditions specified
in the permit or authorization.
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(f) No person may cause, suffer, allow, or permit the operation
or use of a new on-site sewerage facility unless a license,
or necessary license amendment therefore, has first been
issued.
(g) No person may cause, suffer, allow, or permit the
construction or installation of an on-site sewerage facility
on a lot or tract that is smaller than that required to meet
the requirements set forth in the Standards Chapter 8.
Provided, however, on lots existing prior March 22, 1988, an
on-site sewerage facility may be permitted to be constructed
on a lot smaller than one half acre, if it is demonstrated by
a thorough investigation that an on-site sewerage facility
can be operated without causing a threat or harm to an
existing or proposed water supply system or to the public
health, or the threat of pollution or nuisance conditions.
(h) The effluent from an on-site sewerage facility, whether using
an aerobic or anerobic 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;
except that in areas where soils are unsuitable for
conventional on-site sewerage facility, effluent from
National Sanitation Foundation, Standard 40, Class I aerobic
systems or equal as approved and listed by the Texas
Department of Health may be discharged to the ground surface
by irrigation if the licensing authority determines that the
method will not create a nuisance and complies with the Texas
Department of Health standards and policies. There shall be
no off-site discharge of effluent.
(i) Injection wells, pit privies, and cesspools used to dispose
of sewage, and any system utilizing naturally or artificially
produced holes, cavities, or drilled wells to ease the
disposal of sewage are specifically prohibited from being
installed and licensed.
(j) No person may cause, suffer, allow, or permit the maintenance
of an on-site sewerage facility in such a manner as to cause,
or as that may tend to cause, pollution, injury to public
health, or nuisance conditions.
(k) The licensing authority shall not issue a permit for the
installation of an on-site sewerage facility until a plat of
the building lot has been approved by the Commissioners'
Court and filed for record in the office of the County Clerk.
Prior to issuing a permit the licensing authority shall
ascertain whether the proposed building lot is a lot in an
approved subdivision or whether it is required to be platted,
or that it is excepted from the platting requirements. No
permit shall be issued where the building lot is required to
be platted and no plat has been filed as required by law.
(1) For the protection of the general public, pumping of on-site
sewerage facility liquids and sludge shall be performed by
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Texas Department of Health Transporters. All wastes removed
from an on-site sewerage facility must be transported to an
organized disposal system for final disposal. Policies for
acceptance of all sludge, sewage liquids, or other wastes
will be established by the owner of the system receiving the
wastes. If the owner refuses acceptance, then proper
disposal must be made in accordance with applicable state
laws and regulations.
(M) On-site sewerage facilities shall not
floodway or within 75 horizontal feet
water body as designated and defined
Flood Plain Management, Kerr County,
be located in the
from the bank of a
in the Regulations for
Texas.
-11-
CHAPTER 6
DEVELOPMENT OF ORGANIZED DISPGSAL SYSTEMS
6.01, CONNECTION TO ORGANIZED DISPOSAL SYSTEMS
In order to implement the stated policy of the legislature and the
Texas Board of Health to encourage the development and use of
organized disposal systems to serve the waste disposal needs of
the citizens of the State and to prevent pollution, protect the
public health, and maintain and enhance the quality of water in
the State, the following requirements are made:
(1} No person may cause or allow the installation of an on-site
sewerage facility when any part of the property to be served
by the on-site sewerage facility is within 300 feet in
horizontal distance (measured on the closest practicable
access route) of an existing organized disposal system,
unless one of the following requirements has been met;
(A) The person has received a written denial of
service from the owner or governing body of the
organized disposal system; or
(B) The person has received a written determination
from the licensing authority that it is not
feasible for the person to connect to the
organized disposal system.
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CHAPTER 7
CONSTRUCTION AND OPERATION REQUIREMENTS
7.01. REQUIREMENTS FOR NEW ON-SITE SEWERAGE FACILITIES.
(a) A permit to construct or authorization must be obtained from
the licensing authority prior to commencing the construction
installation, alteration, repair, or extension of or to an
on-site sewerage facility and will be issued 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 sewerage
facility and will be issued after satisfactory completion and
approval of construction.
7.02. PERMIT TO CONSTRUCT.
(a) To make application for a permit to construct, the applicant
shall submit to the licensing authority the following:
(1) A properly completed application for a permit to
construct and a flood plain management development
permit.
(2) The required fee. Fees are not refundable.
(3) A legal description and directions showing the location
of the property.
(4) A description of and the depths of the soils on the
property. The soils description shall determine and
include:
(i) Depth to nearest groundwater.
(ii) Depth to bedrock or other impervious strata.
(iii) Approximate Soil name based on the Soil Survey of
Kerr County, Texas (Soil Conservation Service -
March 1986).
(iv) Soil and on-site sewerage facility suitability
utilizing the publication "Guide to Soil
Suitability for On-Site Wastewater Systems."
(5) When required, the results of soil percolation tests
performed by a Registered Professional Engineer,
Registered Professional Sanitarian, or similarly
qualified person, approved by the licensing authority.
Percolation tests shall be performed in accordance with
the Standards.
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(6) A drawing or drawings with distances shown between
features reflecting that the proposed on-site sewerage
facility will comply with these Rules and demonstrating
that the lot or tract is large enough for the on-site
sewerage 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.
(E) The location of all roads, streets, easements,
creeks or other water, etc., adjacent to the
property or transversing it.
(7) A statement or other evidence that demonstrates that the
requirements set forth in Sec. 6.01 of these Rules have
been met.
(8) Any additional information that the licensing authority
may require.
(b) The completed application and all additional information
submitted shall not contain any false information or conceal
any material facts.
(c) A pending incomplete application shall expire six (6) months
from the date of receipt by the licensing authority.
(d) A permit to construct shall expire six (6) months from
the date of issuance unless an inspection of the on-site
sewerage facility covered by the permit has been requested in
writing. 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-issue of permits. When a permit has
expired and conditions have changed, a new application must
be processed and the required new application fee must be
paid. Fees are not refundable.
(e) Within thirty (30) 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.
-14-
(1) Upon a finding that construction can commence, a
permit to construct shall be issued within 5 days
to the applicant.
(2) Upon finding that a permit to construct cannot be
issued, the licensing authority shall so notify the
applicant in writing within ten (10) days of that
finding and shall include the reasons for denying
the issuance of a permit.
(f) An on-site sewerage facility of a single family residence
that is located on a land tract that is 25 acres or larger in
which the field line or sewage disposal line is not closer
than 100 feet of the property line may be eligible for an
exemption from the requirements of this chapter. An
application for exemption must be in writing addressed to the
licensing authority, who may grant the exemption if, to his
opinion, an on-site sewerage facility will not create a
nuisance or pollute or threaten to pollute groundwater.
Tracts larger than 25 acres that contain more than one single
family residence are not exempt from this chapter.
Exceptions may be granted by the licensing authority based
upon soils, density, spacing, or any other articulatable
mitigating factor. Effluent from the on-site sewerage
disposal system of a single family residence must be retained
within the specified limits, may not create a nuisance, and
may not pollute or threaten to pollute groundwater.
(g) If effluent is not contained, a nuisance is created or
groundwater or surface water is polluted, any on-site
sewerage facility exempted in paragraph f. must be altered,
repaired, or extended and permitted and licensed in
accordance with the provisions of this chapter.
7.03. LICENSE TO OPERATE.
(a) Each new on-site sewerage 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) The applicant or installer shall provide whatever
reasonable assistance the licensing authority requests
in order to make the inspection.
(3) The owner, owners representative, or occupant of the
property on which the installation is located shall give
the licensing authority reasonable access to the
-15-
property at reasonable times to make necessary
inspections.
(4) If inspections reveal deficiencies an on-site sewerage
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 sewerage
facility will not cause pollution, injury to the public
health, or nuisance conditions and is not in conflict
with these Rules and upon payment of appropriate fees, a
license to operate the facility shall be issued to the
applicant.
(2) Upon a finding that a license to operate cannot be
issued, the licensing authority shall so notify the
applicant in writing within five (5) days of that
finding and shall include the reasons for denying
the issuance of a license.
(c) Terms of Licenses.
(1) Licenses to operate issued under the authority of these
Rules shall be for an indefinite period and shall be
transferred to a succeeding owner. Upon request of a
new owner of a licensed on-site sewerage facility, the
licensing authority shall transfer the license to that
new owner, provided the facility has not been altered,
repaired, or extended without a permit or the written
authorization of the licensing authority, will not
create a nuisance, cause pollution or injury to public
health. The license shall be transferred to the new
owner upon payment of a transfer fee and the submittal
of an inspection report showing necessary maintenance
has been performed. Inspections may be performed by a
sanitarian, engineer, similarly qualified person, or at
the discretion of the licensing authority.
(2) Any license issued under this subchapter shall
automatically terminate if there is a subdivision of the
property served by the on-site sewerage facility, if
there is a change in ownership of the property served by
the on-site sewerage facility, if the property is used
for a purpose other than that described in the original
application, if the loading of the on-site sewerage
facility is significantly increased beyond that stated
in the application or if the system fails. A new
inspection must be made prior to the issuance of a new
license or license amendment.
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7.04. EXISTING ON-SITE SEWAGE FACILITIES.
(a) On-site sewerage facilities existing on March 22, 1988 that
have been previously registered or licensed are not required
to be licensed, provided the facility is not causing
pollution, a threat to the public health, or nuisance
conditions, or has not been altered, repaired, or extended,
without a permit or the written authorization of the
licensing authority.
(b) If an existing on-site sewerage facility is causing
pollution, a threat to the public health, or nuisance
conditions; or has been altered, repaired, or extended,
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 9 of these
Rules. License or registration under the terms of Order
76-0624-5 and 14198 will not bar a cause of action to abate
or prevent nuisance conditions or pollution.
(c) For existing on-site sewerage facilities previously
licensed or registered, the license or registration shall
be transferred to a new owner under the same conditions
as stated in sec 7.03 (c).
(d) Existing on-site sewerage facilities may be licensed under
this chapter as appropriate if it is shown by a thorough
investigation by a sanitarian, engineer or at the discretion
of the licensing authority that the on-site sewerage facility
will not cause a nuisance, pollution, or injury to public
health.
7.05. SPECIAL REQUIREMENTS FOR INSTITUTIONS.
(A} A Registered Professional Engineer, Registered Professional
Sanitarian, or similarly qualified person, approved by the
licensing authority, shall design all on-site sewerage
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 sewerage
facilities designed under Sec. 7.05.(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
system, stating that the installation has been inspected and
has been installed in accordance with the design drawings and
specifications.
7.06. SPECIAL REQUIREMENTS FOR AEROBIC SYSTEMS, COLLECTIVE
SYSTEMS AND OTHER ALTERNATIVE SYSTEMS.
(a) A Registered Professional Engineer or Registered
Professional Sanitarian, or similarly qualified person,
-17-
approved by the licensing authority, shall design all
on-site sewerage facilities utilizing aerobic treatment
processes, all collective systems and all other alternative
systems, not utilizing conventional septic tank and soil
absorption. Said designs shall be made in accordance with
these Rules, including the Standards.
(b) Upon completion of the installation of on-site sewerage
facilities designed under Sec. 7.06.(a) above and prior to
issuance of a license, an inspection report including as
built drawings will be required by the person designing the
system, stating that the installation has been inspected and
has been installed in accordance with the design drawings and
specifications.
-18-
CHAPTER 8
SUBDIVISIONS
8.01. 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 sewerage 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.
8.02. APPLICATION.
(a) An applicant for a 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 sewerage 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 five (5) foot intervals,
(v) Soil profiles, as classified by the Soil
Survey of Kerr County, Texas. The publication
"Guide to Soil Suitability for On-Site
Wastewater Systems for Kerr County, Texas
(B. L. Carlile, May 1988) shall be used in
-19-
determining the suitability and appropriate
on-site sewerage facilities for each specific
site.
(vi) Existing and proposed individual and
public water supply wells,
(vii) Existing and proposed organized disposal
systems.
(B) An accurate plat of the subdivision that details the
size and intended use of each lot and that details roads
and utility 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 sewerage facility on
proposed lots or tracts. This will include an analysis
by a Professional Engineer, Geologist, or Registered
Sanitarian, or soil scientist. The analysis should
include soil percolation potential, analysis for on-site
sewerage 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 (B. L. Carlile, May 1988) 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
(floorspace, bedrooms, seating, etc.) of the intended
construction (residential, industrial, commercial, etc.)
that will be allowed on each lot. Based on this list,
the applicant shall provide further information to
confirm that an on-site sewerage 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 (permeable, impermeable, water
bearing, etc.) of each formation and the elevation
of any water table.
-2Q-
(b) The required fee shall accompany the application.
(c) No subdivision proposed for use of on-site sewerage
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 sewerage
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 for exception on appeal as outlined
in Chapter 3 of this Order.
(d) Limits of Approval
1. An approval recommendation does not constitute either a
permit to construct or a license to operate an on-site
sewerage 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.
8.03. LOT SIZES AND REQUIREMENTS.
(a) Lot size criteria: minimum lot size is based on factors used
to determine the suitability of the lot for on-site sewerage
facility disposal of sewage and provide enough useable land
area for location of the original system, area for repair or
replacement of the system, and additional land area when poor
soil conditions exist on a lot that may prohibit the use of
an on-site sewerage facility. For multiple single family
residences located on a single undivided tract of land, "lot
size" will be determined by the Commissioner's Court based
upon soils present, density, spacing and any other factor
which may adversely affect the suitability of on-site
sewerage facilities.
(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
-21-
effluent which may present a health, pollution or
nuisance problem.
(2) Soil type and geological structure may be marginal or
unsatisfactory for a number of reasons. The most
important of these are:
(A) Impermeable layers of clay or rock near the
surface.
(B) Fractures, caverns or crevices in limestone
formations increasing the danger of contamination
of underground water, if present.
(C) Highly permeable sand or gravel near water wells,
streams, or lakes.
(D) Areas having a high or fluctuating water tables or
seasonal springs.
(3) No part of an absorptive facility shall be installed
within 75 feet of any springs or spring-fed and/or
normally flowing streams measured horizontally from the
bank.
(4) On-site sewerage facilities shall not be located in the
floodway of a watercourse as defined by the Regulations
for Floodplain Management, Kerr County, Texas
(5) Lots shall be laid out where possible for connection to
a future wastewater collection system.
(b) Lot Size Requirements:
(1) On-site sewerage facilities for lots in subdivisions
shall be approved by the licensing authority subject to
the following provisions:
(A) Lots served by a public water system 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
sewerage 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 1/2 acre.
(D) In calculating lot or tract sizes, easements,
drainage ways, or right of ways, adjacent or
through such tracts shall be excluded unless
contained within 10 feet of the property line.
-22-
(2) Collective on-site sewerage 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) For each dwelling unit utilizing the collective
system, 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 system.
(3) Collective on-site sewerage facilities for residential
properties shall meet the following additional	
requirements:	
(A) Collective on-site sewerage 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 system, 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 sewerage facilities
shall be located outside the floodway; provided
that one-half (1/2) of the disposal area shall be
located outside of the one hundred year floodplain.
(4) Special Requirements for Institutions. A Registered
Professional Civil Engineer, Registered Professional
Sanitarian or similarly qualified person approved by the
licensing authority; or the licensing authority, at its
discretion, shall design all on-site sewerage facilities
serving institutions including mobile home parks and
recreational vehicle parks. 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 a single family unit.
Lots shall be sized in accordance with the Standards and
these Rules except as described above. '
-23-
8.04. 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 sewerage 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 sewerage facility can be constructed in the
subdivision.
(3) That a license to operate shall be required for the
operation of such a on-site sewerage facility.
(4) That an application for a subdivision with on-site
sewerage facilities has been made and approved,
including any restrictions placed on any such approval.
-24-
CHAPTER 9
ENFORCEMENT
9.01 INFORMAL
(a) 1. The licensing authority may routinely enter property
for the purpose of inspecting any on-site sewerage
facilities to assure continued compliance with these
Rules.
2. The licensing authority shall notify management in
residence, if present, of his intent to inspect.
(b) The licensing authority shall inspect any on-site sewerage
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 sewerage 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 sewerage
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 sewerage
facility shall be reinspected at the expiration of the
allotted time.
(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 license
therefore may be issued or the existing license may
be amended.
(2) If the facility is found to be noncompliant, appropriate
enforcement shall be taken.
9.02 CRIMINAL (TEXAS HEALTH AND SAFETY CODE, SEC. 341.091)
(a) A person commits an offense if the person violates any of
these Rules. An offense under this section is a misdemeanor
punishable by a fine of not less than X10 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 a10 or more than 51,000, confinement in jail
nor not more than 30 days, or both.
-25-
(c) Each day of a continuing violation is a separate offense.
(d) Jurisdiction for prosecution of a suit under this section is
in the justice of the peace courts.
(e) Venue for prosecution of a suit under this section is in the
justice of the peace precinct in which the violation is
alleged to have occurred.
9.03 CIVIL (TEXAS HEALTH AND SAFETY CODE SEC. 341.092)
(a) Whenever it appears that a violation or the threat of a
violation of any of the terms and conditions of these Rules
has occurred or is occurring, the licensing authority may
have a suit instituted in a district court through its own
attorney for injunctive relief or civil penalties or both
against the person who committed, is committing, or is
threatening to commit the violation.
(b) Such suits may not be instituted by the licensing authority
unless the Commissioners' Court has adopted a resolution
authorizing the institution of the suit.
(c) In suits brought under this section the Texas Department of
Health is a necessary and indispensable party.
9.04 FAILURE 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.
-26-


Texas Department of Health
sc[.ean, M.D.
niuioner
December 19, 1991
lonorable W. B. "Bill" Stacy
;err County Judge
:err County Courthouse
:errville, Texas 7802$
i loo west a9m strut
Austin, Texas 78756-3199
(S 12) 458-711 I
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
UBJECT: On-site Sewerage Facility (OSSF~ Program Audit
Kerr County, Texas
)ear Judge Stacy:
accordance with provisions of Chapter 366, Health and Safety Code,
~presentatives of this Department have completed an audit of the Kerr County
~n-site Sewerage Facility Program. Kerr County, as an Authorized Agent of
its Department, is charged with the responsibility of enforcing minimum
:andards for the design, construction, installation and operation of on-site
~werage facilities in the area of jurisdiction defined in the Ken County
ules for Private (On-site) Sewerage Facilities, adopted February 8,
X88.
articipating representatives of this Department were Kasslane Hunnicutt,
.5., and George L. Sutton, R.S., Public Health Region 6, Uvalde, Texas. Our
:presentatives' audit findings were that . the Kerr County On-site Sewerage
acility Program is generally being administered in a manner acceptable to
.is Department. The use of soil groups and detailed site investigation to
:termine on-site sewerage facility selection is, in particular, an excellent
ethod of implementing the minimum State Construction Standards. There are,
~wever, areas of concern with the performance of the On-site Sewerage
icility program that must be corrected. These are described in the enclosed
:,tion Items List and summarized below:
1. It is recommended that the Commissioners. Court adopt new rules for
OSSF which reflect current State law and regulations. Local
regulation of installers is no longer necessary unless more
stringent technical standards are contained in the Kerr County
Rules. The specific inclusion of the use of soil groupings to
determine system selection is strongly recommended. This Department
will provide assistance and guidance in procedures for adopting new
OSSF rules.
AUTHORIZED AGENT AUDIT
ACTION ITEMS
KERB COUNTY
The On-site Sewerage Facility program of the Authorized Agent, Kerr County and
its designated representative were audited in July and August of 1991.
Auditors participating in the evaluation were Kasslane Hunnicutt and George
Sutton of the Texas Department of Health's (TDH) Public Health Region 6
office. The following items were identified as needing action by the
Authorized Agent:
RULES:
1. Installer licensing required (Chapter 3.05). No significantly more
stringent approved local rules found to justify separate installer
registration. THE RULES MUST BE AMENDED TO REMOVE THIS
PROVISION.
2. Septic tank pumpers licensing required (Chapter 3.06). THE RULES
MUST BE AMENDED TO REMOVE THIS PROVISION.
3. Connection to organized disposal systems is required (Chapter 6).
Recent Attorney General opinions have ruled that this is no longer
possible for a County to require. THE RULES MUST BE AMENDED
TO REMOVE THIS PROVISION.
4. The Kerr County Commissioners Court amended the Rules for Private
Sewerage Facilities on June 28, 1988. No record of the
Commissioners requesting approval for this amendment has been
received by the Department. AMENDMENTS TO THE RULES MUST RECEIVE
APPROVAL FROM THE DEPARTMENT PRIOR TO BECOMING EFFECTIVE.
5. The new proposed rules prepared by the Study Group (independent
group of interested citizens from Kerr County) should be ready soon.
The interagency merger between the TDH and the Texas Water
Commission (TWC) mandated by the legislature will take place on
March 1, 1992. ACTION ON THE NEW RULES WILL NEED TO BE TAKEN BY THE
KERR COUNTY COMMISSIONERS COURT. REFERENCES TO TDH AUTHORITY AND
ACTIVITIES IN THE RULES SHOULD BE CHANGED TO TWC.
ADMINISTRATION:
6. Detailed records are maintained, detailed monthly reports are sent
to TDH and the office is superbly organized. Information to
determine processing times was present but not kept in a manner to
facilitate verification. Complaints are handled quickly sad
responses to inspection requests appear to be quick. Required
permit forms are examples for TDH as well as other programs to
follow. RECORDS THAT ALLOW EASIER DETERMINATION OF PROCESSZNG TIMES
REQUIRED BY LOCAL AND STATE REGULATIONS MUST BE ORGANIZED TO
FACILITATE VERIFICATION.
7. The appeals process has generally been followed. However, all
appeals need to be expeditiously processed, decisions made and
rulings enforced. The County and the Health District have the power
to grant variances to their own rules where they are more stringent
than the TDH Construction Standards, without prior TDH approval.
The Department is primarily concerned that technically sound on-site
sewerage facilities that will protect public health are installed
according to the minimum TDH Construction Standards. THE COUNTY
MUST FOLLOW THE APPEALS PROCESS IN ALL CASES. IF THE COUNTY HAS
DIFFICULTIES WITH AN APPEAL, ASSISTANCE FROM THE TDH SHOVED BE
REQUESTED.
TECHNICAL:
8. Technical expertise of the staff is superior, site evaluations
(including collection of information on soils) are performed
routinely for each site. Kerr County is a leader in the State in
the development and use of innovative and alternatives systems, thus
enabling development of marginal areas of the County for homesitea,
while still maintaining adequate measures for wastewater disposal.
INSPECTION CHECKLISTS MUST BE DEVELOPED AND USED FOR INNOVATIVE AND
ALTERNATIVE SYSTEMS. ADDITIONAL EQUIPMENT MAY BE NEEDED TO PROPERLY
PERFORM SOIL TESTS IN AREAS WHERE SOIL IS PRESENT.
9. Review of the County's criteria for determining on-site sewerage
facility suitability indicates that the use of soil groups and
detailed site evaluation results in the choice of on-site sewerage
facilities that meet but do not exceed the TDH Construction
Standards minimum requirements. The use of dual alternating
drainfielda in Soil Group B where percolation rates are greater than
60 minutes per inch is acceptable, but different alternative systems
are not covered in the TDH Construction Standards. The sizing of
on-site sewerage facilities in Soil Groups A and 8 is based on a
higher occupancy assumption than the TDH Construction Standards and
results in larger drainfield sizes. AS THE CURRENT POLICY FOR
SELECTING THE TYPE OF SYSTEM IS JUST A CLEARER WAY OF ENFORCING THE
MINIMUM TDH CONSTRUCTION STANDARDS, THE DEPARTMENT STRONGLY URGES
THE COUNTY TO EXPRESSLY INCLUDE IT IN THE RULES.
PUBLIC INFORMATION
10. Letters are periodically sent to installers. The KCEHD has a decent
rapport with the newspaper, and judging from the number of articles
regarding the OSSF program which have appeared in the Kerrville
newspaper, this topic is of considerable local interest.
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