ORDEP. NO. 2077 APPROVAL OF PROPOSED RULES AND REGULATIONS OF KERR COUNTY FOR ON-SITE Sr~WERAGE FACILITIES On this the 20th day of January 1992, upon motion made by Commissioner r~organ, seconded by Commissioner Holekamp, the Court UNANIMOUSLY APPROVED BY A VOTE OF 4-0-0, to accept the document submitted of the Proposed Rules and Regulations for on-site sewerage facilities by David Litke, the Enviromental Health Officer and Stan Reid, the Assistant County Attorney. Commissioners' Court has until Friday, January 24, 1992, Noon to submit any changes, i~ir. Litke and Stan..F:eid are to p-os~t proper notices £<2~ public viewing and comments. PUBLIC NOTICE OF PROPOSED RULES AND REGULATIONS OF KERB COUNTY, TEXAS . FOR ON-SITE SEWAGE FACILITIES The Commissioners' Court of Kerr County, Texas, proposes to adopt new rules and regulations for on-site sewage facilites. An official copy of the proposed rules are on file with the County Clerk and with the County Judge of Kerr County, Texas, at their offices in the Kerr County Courthouse, 700 E. Main, Kerrville, Texas. Written comments concerning the proposed rules may be submitted to W. G. Stacy, County Judge, 700 E. Main, Kerrville, Texas, 78028, until 9:00 a.m., Tuesday, February 18, 1991. A public hearing will be held at 9:00 a.m. on Tuesday, February 18, 1991, to consider the any changes andlor adoption of the new rules and forwarding of such rules to the State Department of Health. All interested persons are encouraged to participate in the comment and public hearing process. - - MEMORANDUM DATE: January 7, 1992 TO: Commissioners' Court FROM: Stan Reid RE: Rules and Regulations for Private Sewerage Systems On June 10, 1991, the court voted to take no action on amending the Kerr County Rules and Regulations for Private Sewerage Systems pending the receipt of more information from Mr. Burkett's study group and any other individual or group that has a possible solution. See, Order No. 20318 attached hereto as Exhibit A. A copy of the study group's proposal was delivered to the court during the latter part of November, 1991. A copy of the preliminary draft is attached as Exhibit B. A review of those rules will demonstrate that the study group is not recommending a loosening of the regulations but, in fact, the proposed rules increase the degree of regulation. The rules further give to the Environmental Health Department greater discretionary power. In some areas this is advantageous; in others it creates the potential for greater problems. For example, every tract of land is different, and no set of regulations can contemplate or evaluate all of the factors that will be encountered for every licensing situation. The licensing authority should have ample discretionary authority to enable him to evaluate each site on its own merits. On the other hand, the more discretion placed upon the licensing authority, the more complaints of inconsistency and unfairness will be voiced. Greater discretionary authority will also lead to more appeals to the commissioners' court. At present, we have a set of rules that have been approved by the Health Department but have not been adopted by the commissioners' court. See, Exhibit C. These rules are very comprehensive and incorporate the latest statutory changes. These rules could, however, benefit from some of the changes proposed by the Burkett study group. For instance, the appeals provisions contained in the proposed rules should be incorporated into our rules. On December 19, 1991, the Department of Health issued its report on the audit of our Environmental Health Department. See, Exhibit D. Any proposed changes in the rules should incorporate those recommendations and concerns. Finally, any changes should be done by at least early February, 1992, since the responsibility for oversight will transfer from the Department of Health to the Water Commission on March 1, 1992. RECOMMENDATION I would recommend, therefore, that the proposed rules of the Burkett study group be published as proposed amendments, in whole or in part, to the rules already approved by the Health Department. This will satisfy the public-notice requirements and give us time to make all necessary changes in time to get a set of rules put in place before the Health Department transfers the program. Please contact me if you have any questions. cow cr:~seweruae.MeM ORDER NO. 20318 MOTION THAT THE COURT TAKE HO ACTION ON THE CHANGING OF THE "RULES OF KERB COUNTY, TEXAS FOR PRIVATE SEWAGE FACILITIES" UNTIL MORE INFORMATION IS RECEIVED On this the 10th day of June 1991, upon motion made by Commissioner Morgan, seconded by Commissioner Lackey, with Commissioner's Morgan, Lackey and Holekamp voting "AYE", and Commissioner Oehler "ABSTAINING", said motion that the Court take no action on the changing of the "Rules of Kerr County, Texas for Private Sewage Facilities" until more information is received was approved by a majority vote of 3-0-1. Mr. Burkett's study group and any other individual or group that has a possible solution are to submit their idea to the Commissioners' Court, and any information or material needed by anyone to reach a solution will be supplied by the responsible party. Gov ~`~ ~9 9l PRELIMINARY DRAFT OF RULES AND REGULATIONS FOR PRIVATE SEV'i~ERAGE SYSTEMS INDEX TO RULES CHAPTER 1. DEFIM'TIONS CHAPTER 8. APPLICATION TO RECONSTRUCT, ALTER, EXTEND, REPAIR, OR CHAPTER 2. ESTABLISHMENT AND GENERAL MODIFY A PRIVATE SEWERAGE PROVISIONS SYSTEM 2.01. Authority. 8.01. Application. 2.02. Purpose. 8.02. Application InformationRequirementa. 2.03. Area of Jurisdiction. 8.03. Application for Permit. 2.04. Effective Date. 8.04. Application for a Currently Licensed 2.05. Incorporation by Reference. System. 2.06. Conswction, Precedence. and 8.05. Emergency Repairs. Interpretation. 8.06. Application for an Unlicensed System. 2.07. Severability. 2.08. No ExParte Communications. CHAPTER 9. SALE OR TRANSFER INSPECTION 2.09. Liaison Member. 9.01. Application for Reinspection and 2.10. Recording. InitialInspecdon. 2.11. Circumstances Not Covered. 9.02. Notice to Licensing Authority - Licenced Systems. CHAPTER 3. ADMINISTRATIVE PROVISIONS 9.03. Notice to Licensing Authority - 3.01. Exception. Unlicensed Systems. 3.02. Appeal. 9.04. Notice to Applicant of Rule 3.03. Notice. Violation. 3.04. Fees. 3.05. Installers. CHAPTER 10. REGISTRATION 10.01. Application for Certificate of CHAPTER 4. • DUTIES AND POWERS Registration. 4.01. Duties and Powers. 10.02. Issuance of Certificate of Registration. 10.03. No Fee for Issuance. CHAPTER S. LAWFUL DISCHARGES AND 10.04. No Services Except for Holder of GENERAL REQUIREMENTS Certificate of Registration. S.O1. Lawful Discharges. 10.05. Cancellation. 5.02. Requirements. CHAPTER 11. INSTITUTIONS CHAPTER 6. DEVELOFMENT OF ORGANIZED 11.01. Special Requirements for Institutions. DISPOSAL SYSTEMS 11.02. Procedures for Other Systems. 6.01. Connection to Organized Disposal 11.03. Systems Using More '[lean 400Gallons. Systems. rHAPTER 12. SiJBDIVISIONS CHAPTER 7. CONSTRUCTION AND 12.01. Subdivision Coaswction Registration. OPERATION REQUIREMENTS 7.01. Application. CHAPTER 13. ENFORCEMENT 7.02. Application InformadonRequvements. 13.01. Informal. 7.03. Inspection by Licensing Authority. 13.02. Criminal. 7.04. Notification. 13.03. Civil. 7.05. Notice That No Permit Will Be Issued. 13.04. Failure of Licensed Systems. 7.06. Unconventional and Innovative Systems. 7.07. Application for Construction Permit. 7.08. Issuance of Operating License. 7.09. Term of License. 1 CHAPTER 1 DEFINITIONS The following words and terms 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" or "Alterations" -Any change by which either of the treatment units or disposal unit is replaced, or by which the function of such unit is changed. "Code" -Texas Health and Safety Code. "Commissioners Court" -The Commissioners Court of Kerr County, Texas. "Construct" or "Construction" -shall mean Installation, Alteration, Repair, or Extension of a private sewerage system. " Dedicated Waste Disposal Area" - an area which cannot be covered by impervious materials, used for parking or other uses which may adversely affect the evaporative or absorptive capabilities of the system. "Department" -shall mean the Texas Department of Health. "Engineer" -shall mean any person who holds a valid and current license to practice the profession of engineering in the State of Texas. "Existing Private Sewerage Systems" -Any private Sewerage System that is in use. Such a system shall be an existing private sewerage system as long as that system is not causing pollution, a threat to the public, or nuisance conditions; or is not substantially modified after the effective date of these Rules. Any private sewerage system that has been actually used at any time during the twelve (12) month period immediately preceding the effective date of these Rules, shall be conclusively presumed to have been in use on the effective date of the Rules. "Failing System" -Any private sewerage disposal system which adversely affects surface or ground water quality, or creates a condition which constixutes a possible medium of transmission of disease to human beings. Examples include but arc not limited to surfacing of ponded effluent, effluent seepages from embankments of hillsides, and contamination of water wells, surface or ground waters. " Fixture" or "Fixtures" -shall mean any water consuming equipment which discharges its wastewater into a private sewerage system, ie: 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 which is compensated by another to construct, install, alter, or repair, a private sewerage system. "Institution" - An establishment other than a single family dwelling. "License" - A License to operate a private sewerage disposal system as required by these Rules. "Licensing Authority" -The unit of the county government that has been designated by the Commissioners Court in Chapter 4 of these Rules to have the duties and powers to administer and enforce these Rules. "Modification" -The addition to or improvement of part or alt of a private sewerage disposal system to meet current Texas Department of Health and Texas Water Commission standards for such facilities. "Mobile Home Park"- Any facility or area developed for lease or rental of space for the placement of two or more mobile homes. 2 "New Private Sewerage System" -Any private sewerage system that does not qualify as an existing private sewerage system. "Operating License" -shall mean a License issued by the Licensing Authority authorizing the operation of a private sewerage system as defined by these Rules. "Organized Disposal System" -Any publicly yr 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 or other legal entity who owns record title to land on which exists a building or other structure, serviced by a private sewerage system, and a person or other legal entity who owns record title to land on which no private sewerage facility exists and which it is desired to construct a private sewerage system. "Permit" - A permit as required by Chapter numbers 7 and 8 of these Rules. "Person" -Any individual, corporation, organization, government or governmental subdivision or agency, business, trust, estate, paztnership 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 or a private sewerage system. "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 of the public enjoyment of water for any lawful or reasonable purpose. "Private Sewerage Facilities" or "Private Sewerage Systems"or "On-site Sewage Disposal Systems"- All systems and methods used for the disposal of sewage, other than organized disposal systems. Private Sewerage systems 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 bed, or an evapotranspiration bed). "Sanitarian" or "Registered Professional Sanitarian" or "Licensed Sanitarian" -shall mean a person holding a valid and current license issued by the Texas Department of Health. "Sewerage" or "Sewage" -Waterborne wastes that are primarily organic and boidegradable or decomposable and that generally originate as human, animal, or plant wastes from domestic activities, such as washing, bathing, and food preparation, and retail or commercial activities. "Single Family Dwelling" - A habitat constructed on or brought to a site and occupied by one or more persons primarily of one family and caretakers. Connection of not more than three appurtenant structures to the same private sewerage system may be permitted if, in the judgment of the Licensing Authority, adequate treatment capacity is present. "Standards" -The standards set forth in the pamphlet entitled "Conswcdon Standards for On-site Sewerage Facilities" and all future amendments thereto, which were adopted by the Texas Board of Health on the 5th day of November, 1989, and became effective January 1, 1990. "State" -The State of Texas "Water" or "Water in the State" -Ground water 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 non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. 3 CHAPTER 2 ESTABLISHMENT AND 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. Ken 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 Kenr 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 boundaries of the incorporated cities and towns of Kerr County. 2.04. Effective Date. These Rules shall become effective upon their approval by the Texas Board of Health. 2.05. Incorporation by Reference. The Standards as defined by these Rules and all future amendments and revisions thereto are incorporated by reference and are made a part of these Rules. A copy of the cturent Standards is attached to these Rules as Appendix A. 2.Ob. 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, these Rules shall take precedence. (c) The Licensing Authority shall within the purpose of these Rules, resolve any question regarding any interpre=tation of these Rules or the Standards. The decision of the Licensing Authority shall be final unless appealed to the Commissionus 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. No ExParte Communications. After an application has been made by a person and the application fee has been paid, no person shall communicate or attempt to communicate with a member of the Commissioners Court concerning such application or matters pertaining thereto, except in an appeal proceedings as provided by these Rules; and then only at a public meeting of the Court with respect to any contested matter. 2.09. Liaison Member. The Commissioners Court shall, upon the adoption of these Rules, designate one of its members to act as the Liaison member, to handle all communications between the Commissioners Count and the Licensing Authority. 2.10. Recording. Aftu the approval of these Rules by the Commissioners Court, of Kerr County, Texas, and the Texas Department of Health, the County Clerk of Kerr County, Texas, is hereby directed to record a we copy of these Rules in the Real Property Records of Kerr County. Texas. 2.11. Circumstances Not Covered. In all circumstances arising under these Rules for which no specific provision is made, the Rules of the Texas Department of Health and the Standards established by such Department shall control. 4 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 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 rho exception; and (3) Any information that rho Licensing Authority reasonably requests. (c) Within ten (10) working days after rho 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 ten (10) days of the date of the document giving Notice of the action or decision, or within ten (10) 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, and 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 shall be attached. (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 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. (d) The Commissioners Court shall review the matter and consider such information and evidence as the Commissioners Court may deem relevant and that may be offered by the Licensing Authority or the Complainant. The Commissioners Court shall either affirm, or 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. To defray the reasonable cost of administering these Rules, the Licensing Authority shall require fees to be paid in accor- dance with the schedule established from time to time by the Commissioners Court. Such fees shall be paid with the filing of an application for a permit, license, or authorization; a written request for an inspection or exception; or an appeal. 3.05. Installers. An Installer may not begin construction, alteration, repair, extension, or modification of a Private Sewerage System unless the Installer notifies the Licensing Authority of the date on which the Installer plans to begin work on the system. 5 CHAPTER 4 DUTIES AND POWERS 4.01. Duties and Powers. (a) The Kerr County Environmental Health Department 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 dudes and necessary concomitant powers: (1) To enforce these Rules and to make appropriate recommendations to proper county authorities when instances of non-compliance with these Rules have been determined. (2) To make inspections of any existing private sewerage systems, when requested or required, and all new private sewerage systems. (3) To collect all fees set by the Commissioners Court as shown on I?xhibit "A". (4) To make semi-annual reports to the Commissioners Court on all actions, including legal actions, taken concerning these Rules. (S) To develop the necessary procedures, including the development of application forms, and establishment of reasonable record keeping to carry out the functions of these Rules. (6) To perform all other duties necessary to meet the requirements of these Rules. CHAPTER 5 LAWFUL DISCHARGES AND GENERAL REQUIREMENTS 5.01. Lawful Discharges. (a) After the effective dace of these Rules, only the following types of sewerage discharges shall be lawful: (1) Sewage discharged into an organized disposal system operating under a valid permit issued by the Texas Water Commission. (2) Sewage discharged into a private sewerage system designed, installed, licensed, operated, and maintained in accordance with these Rules. (3) Sewage discharged into an existing private sewerage system that is in use on the effective date of these Rules, that has not been substantially modified since the effective date of these Rules, and that is operated and maintained in such a manner as not to cause pollution, a threat to the public health, or nuisance conditions. 5.02. Requirements. (a) No person, except the person owning or having the right of possession and use of the parcel of land upon which a proposed private sewerage system is to be located, may apply for a private sewerage system permit or license. (b) The design, construction; and installation of any new private sewerage system, and the maintenance of any private sewerage system shalt, at a minimum, meet the requirements set forth in the Standards. (c) No person may cause, suffer, allow, or permit the construction of, installation of, or substantial modification to, a private sewerage system unless a permit therefor has first been issued. (d) The construction, installation, or substantial modification of a private sewerage system shall be made in accordance with the approved design and requirements of the permit issued. CHAPTER 6 DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS 6.01. Connection to Organized Disposal Systems. (a) Jn 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 a private sewerage system when any part of the property to be served by the private sewerage system is within 300 feet in horizontal distance (measured on the closest practi- cabteaccess route) of an existing organized disposal system, unless one of the following requirements are 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 feasable for the person to connect to the organized disposal system. 6 CHAPTER 7 APPLICATION TO CONSTRUCT 7,01. Application. A person desiring to conswct a new private sewerage system, shall make an application to the Licensing authority for a permit therefor, and pay the proper fee. 7.02. Application Information Requirements. (a) 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.) (b) Any other information that the Licensing Authority may be require, including operating inswctions for unconven- tional or innovative systems, etc. (c) The number of bedrooms in existing swctures or the number of bedrooms in a proposed swcture, and the number of persons occupying such oxisting swcture or swctures, or the number of persons who will occupy a proposed swcturo or swctures. (d) The number of fixtures in existing swctures or the proposed swcture or swctures. (e) And, shall include an acknowledgement by the Applicant that the conswction and operation of the system, either existing or proposed is the sole responsibility of the Applicant. Such acknowledgement shall be as follows: "I agree that it will be the responsibility of the Applicant to maintain and operate the system in a satisfactory manner. The proper performance of a private sewerage system cannot be guaranteed, even though all provisions of the State and County Rules and Standards have been met. Inspection and licensing of a private sewerage system by the Li- censing Authority shall indicate only that the system meets minimum requirements and does not relieve the Applicant of the property from complying with the County, State, and Federal Regulations. Private sewerage systems, although ap- proved as meeting minimum standards, must be up-graded by the Applicant at Applicant's expense, if the Applicant's operation of the system results in objectionable odors, if unsanitary conditions are created, if pollution or nuisance condi- tions are threatened or occur, or if the system when used does not comply with governmental regulations." 7.03. Inspection by Licensing Authority. (a) Upon receipt by the Licensing Authority of an application for inspection of a proposed site 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 man-made improvements existing on the site, showing the location of the improvements presently proposed by the Applicant. Such drawing or drawings shall be sufficient to evidence that such private sewerage system will comply with these rules. 7.04. Notification. (a) The Licensing Authority having completed the initial on-site inspection of the private sewernge system site, shall then, within ten (10) days after the date of its initial on-site inspection, notify the Applicant, in writing, of its findings, and shall clearly state the minimum conswction requirements for the issuance of a construction permit. (b) Should the Licensing Authority determine that no conswction permit can be issued, it shall notify the Applicant of such fact within ten (10) days after the date of his initial on-site inspection. 7.05. Notice That No Permit Will Be Issued. 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. 7 7.06, Unconventional and Innovative Systems. Should the Licensing Authority after the inspection has been completed, notify the Applicant that its minimum require- ments will require the conswction of an unconventional or innovative system, or should the Applicant desire to conswct such a system, the Applicant shall make an application for a conswction permit, pay the additional fee, submit his plans and specifications, (which plans and specifications must be prepared by an Engineer or Registered Sanitarian) to the Licensing Authority. 7.07. Application for Construction Permit. (a) An Applicant, having been notified by the Licensing Authority of the minimum requirements for issuance of a conswction permit and agreeing to comply therewith, and desiring to conswct such a private sewerage system, shall then make application for a conswcdon permit; and submit his plans and specifications for such conswction to the Licensing Authority. (b) The Applicant having complied with subsection 7.07.(a), and the Licensing Authority having approved the plans and specifications for such conswction as submitted by the Applicant shall then, within five (5) days from the date of such approval, issue a conswction Permit to the Applicant authorizing said Applicant to proceed with conswction. 7.08. Issuance of Operating License. (a) An Applicant having completed the conswction of the private sewerage system authorized under the conswction permit granted to him under the provisions of Section 7.07. of these Rules, shall notify the Licensing Authority that he has completed conswction of said private sewerage system and desires to have the same inspected and upproved. The Installer shall not cover the private sewerage system until the Licensing Authority shall have completed its inspection and authorized it to be covered. (b) Within 48 hours of the receipt of such notice (excluding Saturdays, Sundays, and State and Federal Holidays) the Licensing Authority shall set a time to meet the Applicant or his Agent at the site and make such inspection. (c) If the Licensing Authority finds the system to be in compliance with the construction permit and operating properly, then the Licensing Authority shall, within five (5) days thereafter, issue the Applicant an operating license. (d) if the Licensing Authority finds the system conswction is not in compliance with the construction permit or that the System is not operating properly, whether conswcted in accordance with the conswcdon permit, or otherwise, the Licensing Authority shall notify the Applicant, in writing, within five (5) days of its requirements to correct same, and withhold the issuance of the operating license, until such system is made to operate properly in compliance with these Rules. (e) An Applicant, having been denied the issuance of an operating license by the Licensing Authority, shall have the right to appeal such denial by following the procedures set forth in Chapter 3 of these Rules. 7.09. Term of License. An operator's license, issued under this Chapter 7, shall be for an indefinate period of time. CHAPTER 8 APPLICATION TO RECONSTRUCT, ALTER, EXTEND, REPAIR, OR MODIFY A PRIVATE SEWERAGE SYSTEM 8.01. Application. A person desiring to reconswct, alter, extend, repair, or modify a private sewerage system, licensed or unlicensed, shall make an application to the Licensing Authority for a permit therefor, and pay the proper fee. 8,02, Application Information Requirements. (a) 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.) (b) Any other information that the Licensing Authority may be require. (Flood Plain Maps) (c} The number of bedrooms in existing swctures or the number of bedrooms in a proposed structure, and the number of persons occupying such existing swcture or swetures, or the number of persons who will occupy a proposed swcture or swctures. (d) The number of fixtures in existing swcttues or the proposed swcture or swctures. (e) And, shall include an acknowledgement by the Applicant that the construction and operation of the system, either existing or proposed is the sole responsibility of the Applicant. Such acknowledgement shall be as follows: "I agree that it will be the responsibility of the Applicant to maintain and operate the system in a satisfactory manner. The proper performance of a private sewerage system cannot be guaranteed, even though all provisions of the State and County Rules and Standards have been met. Inspection and licensing of a private sewerage system by the Li- censing Authority shall indicate only that the system meets minimum requirements and does no[ relieve the Applican[ of the property from complying with the County, State, and Federal Regulations. Private sewerage systems, although ap- proved as meeting minimum standards, must be up-graded by the Applicant at Applicant's expense, if the Applicant's operation of the system results in objectionable odors, if unsanitary conditions are created, if pollution or nuisance condi- tions are threatened or occur, or if the system when used does not comply with governmental regulations." 8.03. Application for Permit. Upon application for a permit to reconswct, alter, extend, repair, or modify a private sewerage system and the payment of the established fee, the Licensing Authority shall proceed in due order to process such application following the procedure and requirements of Chapter 7 of these Rules. 8.04. Application for a Currbntly Licensed System. If the application applies to a currently licensed system, the Licensing Authority may waive such provisions of Chapter 7, of these Rules, to the extent deemed by it to be repetitive and unnecessary to the accomplishment of the purpose of these Rules. 8.05. Emergency Repairs. (a) Emergency repairs of a private sewerage system 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 such emer- gency repair by the end of the first working day after making such repairs. (b) Emergency shall mean a sudden and unforseeable failure of a private sewerage system which creates a pressing necessity for its immediate repair to prevent the pollution of the water of this State, or creates a nuisance. (c) If the cost of such repair, to include both labor and materials shall exceed $200.00, then in such event, the Owner of such system shall make application to the Licensing Authority for a permit to make such repair, in the manner set out in Chaper 7 of these Rules. 8.06. Application for Unlicensed System. If the application applies to an unlicensed system, the provisions of Chaper 7 of these Rules shall govern, and be followed, and the fee for a new system under Chapter 7, shall apply. 9 CHAPTER 9 SALE OR TRANSFER INSPECTIONS 9.01. Application for Reinspection and Initial Inspection. A person desiring to sell or transfer land upon which is located a private sewerage system, shall make application to the Licensing Authority for a reinspection of his private sewerage system, if licensed, and for an initial inspection by the Licensing Authority if the same is unlicensed. 9.02. Notice to Licensing Authority • Licensed Systems. (a) The holder of the Operating License shall prior to the sale of transfer of the land. notify in writing, the Licensing Authority at least twenty (20) days in advance of the date of the proposed sale or transfer of the land, and make an applica~ lion for such reinspection of the private sewerage system, and pay the reinspecdon fee. (b) The Licensing Authority, upon receipt of such Notice, and the application for the inspection and payment of the fee, shall, within ten (10) days fron the Notice received, make reinspection of the system, and if found to comply with these Rules, shat! issue the applicant a written certificate of reinspection, stating that as of the date of reinspection, the system was found to be in compliance with these Rules. (c) If such system shall be found by the Licensing Authority not to be in compliance with these Rules, the Licensing Authority shall notify the Applicant, in writing. of such finding, within five (5) days of the date of reinspection of such fact, and shall clearly state the minimum requirements necessary to be accomplished to bring such system into compliance (d) The Applicant shall have the right to appeal any adverse finding by the Licensing Authority, to the Commissioners Court by following the appeal procedure set out in these Rules. 9.03. Notice to Licensing Authority -Unlicensed Systems. (a) Upon the sale or transfer of lands upon which there is located an unlicensed private sewerage system, an Operating License will be required. (1) The Applicant shall, prior to the sale or transfer of such land, notify the Licensing Authority, in writing, of the proposed sale or transfer at least 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 7 of these Rules. (2) The Licensing Authority, upon receipt of the application, and the payment of the applicable fee, shall proceed to process the application as required by Chaper 7 of these Rules. (b) If the system is an existing private sewerage system, as defined by these Rules, and the Licensing Authority finds that the system is not causing pollurion, is not a threat to public health, and is not creating nuisance conditions, then the Licensing Authority shall issue the applicant an operating license for the system. 9.04. Notice to Applicant of Rule Violation. If, however, the Licensing Authority shall find that the system is in voilation of these Rules, the Licensing Authority shall, within five (5) days, notify the Applicant, in writing, of the violation and shall clearly state the minimum repair to be made to the system to bring the same into compliance with these Rules. When the system shall have been made to comply with these Rules, the Licensing Authority shall issue the Applicant an Operating License. 10 CHAPTER 10 REGISTRATION 10.01. Application for Certificate of Registration. (a) Before an Engineer, Registered Sanitarian, Installer, or Transporter shall perform any services, for compensation, relative to private sewerage systems covered by these Rules within the jurisdiction of the Licensing Authority, such person shall make an Application to the Licensing Authority fora "Certificate of Registration". Such application shall require the following: (1) The Applicant's name, business, address, and telephone number. (2) The Applicant's specialty (ie: Engineer, Registered Sanitarian, etc.) (3) The Applicant's current License of Permit, issued by an Agency of the State of Texas. 10.02. Issuance of Certificate of Registration. The Licensing Authority shall, upon receipt of a proper Application, issue to such Applicant a "Certificate of Registration" which shall be valid for five (S) years from the date of its issue, unless the same is cancelled for just cause. 10.03. No Fee for Issuance. No fee shall be charged for the issuance of a "Certificate of Registration". 10.04. No Services Except for Holder of Certificate of Registration. No person shall perform any services for which he receives compensation, relative to a private sewerage system covered by these Rules, unless he shall hold a Certificate of Registration, issued by the Licensing Authority. 10.05. Cancellation. (a) The Certificate of Registration issued by the Licensing Authority as in this Chapter provided, shall be cancelled by the Licensing Authority, should such person's Permit or License be suspended or cancelled by the Agency of the State of Texas issuing same, or should such Permit or License lapse because of non-renewal of same. (b) A Certificate of Registration issued by the Licensing Authority under this Chapter 10, may be cancelled by the Licensing Authority upon determining that any Certificate Holder has violated these Rules, or the Standards. Such cancellation may be appealed by the Certificate Holder as is provided in Chaper 3 of these Rules. (c) Should an Engineer, Sanitarian, Installer, or Transporter be convicted of an offense under these Rules, in addition to the punishment prescribed, shall have his Certificate of Registration Cancelled. The Kerr County Environmental Health Department shall report all convictions to the proper Department of the State of Texas. CHAPTER 11 INSTITUTIONS 11.01. Special Requirements for Institutions. A Registered Professional Engineer or Registered Professional Sanitarian shall design all private sewerage systems serving institutions which are anticipated to discharge 400 or more gallons per day of sewage. 11.02. Procedures for Other Systems. A person desiring to construct a private sewerage system other than a single family dwelling system, shall follow the procedures established by Chapter 7 of these Rules. 11.03. Systems Using More Than 400 Gallons. All institutional private sewerage systems, using more than 400 gallons per day of sewage, shall be required to install two (2) or more treatment units. CHAPTER 12 SUBDIVISIONS 12.01. Subdivision Construction Registration. Any person desiring to create a subdivision, including mobile home parks, that will utilize private sewerage systems, in whole or in part, must obtain a Subdivision Construction Registration from the Licensing Authority prior to commencing construction of the subdivision. 11 CHAPTER 13 ENFORCEMENT 13.01. Informal. (a) The Liccnsing Authority may routinely enter property for the purpose of inspecting any private sewerage system to assure continued compliance with these Rules. The Liccnsing Authority shall notify management In residence, if present, of his intent to inspect. (b) The Licensing Authority shall inspect any private sewerage system that is reasonably believed to be causing pollution, a threat to 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 private sewerage system 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 private sewerage system, in writing, and include what problems must be remedied in order to achieve compliance. The private sewerage system 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 system is found to be compliant, a license therefor may be issued or the existing license may be amended. (2) If the system is found to be noncompliant, appropriate enforcement shall be taken. 13.02. Criminal. (Texas Health and Safety Code, Sec. 341.091) (a) A person commits an offense by violating any of these Rules. An offense under this Section is a misdemeanor punishable by fine of not less than ten dollars (510.00) or more than two hundred dollars ($200.00). Each day of a continuing violation is a seperate offense. (b) If it is shown on the trial of the dcfendant 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 dcfendant shall be punished by a fine of not less than ten dollars ($10.00) or more than one thousand dollars ($1000.00), confinement in jail for not more than thirty (30) days, or both. (c) Each day of a continuing violation is a seperate offense. (d) ]urisdictiori 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. 13.03. 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 suit, (c) In suits brought under this section the Texas Department of Health is a necessary and indispensable party. 13.04. Failure of Licensed Systems. 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 of any action for other civil of criminal penalties or remedies. 12 ' , SUGGESTED FEE SCHEDULE (1) Applications. To include Application, Permit, and issuance of operators license. (Chapter 7) 5 350.00 (2) Licensed Systems. To include Application, Permit, and Operator's License. (Chapter 8) S150.00 (3) Unlicensed Systems. To include Application, Permit, and Operator's License. (Chapter 8) 5350.00 (4) Reinspection. For licensed system, including license transfer to new owner. (Chapter 9) $100.00 (~ Inspection of Unlicensed System. To include application, construction permit, and transfer of operating license. 5350.00 (6) Unconventional Systems. Shall requiro an additional fee of S250.00. (Chapters 7,8,9,and 11). 5250.00 (~ Exception. Application for exception. (Chapter 3) a100•UO (8) Suhdivisioa Registration Fee. (Chapter 12} S500.00 E~ COMMISSIONERS' COURT AGENDA REQUEST SASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND _ DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: DAVID LITKE MEETING DATE: 6-10-91 OFFICE: ENVIRONMENTAL HEALTH TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) APPROVAL OF PROPOSED AMENDMENTS OF THE RULES OF KERR COUNTY FOR ONSITE SEWERAGE FACILITIES EXECUTIVE SESSION REQUESTED: YES NO PLEASE STATE REASON ' ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYE: 15MINUTES NAME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter 1s 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 Thrusday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON Ali Agenda ~ Requests w 1 i 1 be adequate information has been at time of Court meetings. You your request being addresses Guidelines. qty Judge's Office to determine tf is formal consideration and action appreciated and contribute towards pportunlty. See Agenda Requesi ;, K ~;%! ENV1ROIVC~~II~,:~''i'.~L R r ~~;.~L'!'[( l ~!~'YAR'I'1~TENT ':il:" ~'rl(i-;111! MEMORANDUM To: Commissioners Court From: David L. Litke Date: June 3. 1951 Subject: Proposed amendments tc the Rules of h•.err County for On-Site Sewerage Facilities lRuies? Attached are six copes of the following documents: t. Approval letter from the Texas Department of Health to continue the amendment process. 2. A corrected copy ~f the proposed amended order as ~t would 'loop. if adopted. 3. Additional notes to help further distinguish the requirement_ and wording in our order and that required by the Texas Department of Health and the Texas Health and Safety Code. Upon adoption by the ~~omm~ssioner's Court a certified copy of the court order and tFie amendments are sent to the Texas Department of Health. The amendments become r"ully official upon approval by the Texas Board of Health. Notification of approval by the Texas Board of Heaith w~li be c: mail and telephone. e ,7 g PROPOSED RULES AND REGULATIONS OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES As ordered posted for public comment by the Commissioners' Court of Kerr County, Texas on January 24, 1992 FILED ~ ~ DAY OF ;` A.O. TIME ~ Q-~I~ c+.~wc courmr oauar~t usrr RULES OF KERB 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 2.08. Permit Required CHAPTER 3. ADMINISTRATIVE PROVISIONS 3.01. Exception 3.02. Appeal 3.03. Notice 3.04. Fees 3.05. Registration of 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 5.03. Prohibitions 5.04. Maintenance Requirements 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 6.06. Existing On-Site Sewage Facilities 6.07. Terms of Licenses 6.08. Special Requirements for Institutions 6.09. Special Requirements for Designed 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. Emergency Repairs 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 a 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 u 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 Kerr 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. "License" - A License to Operate as required by Chapter 6 of these Rules. "Licensing Authority" -The Designated Representative (see Designated Representative, above) . "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. "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. Far purposes of these Rules, a purchaser on a contract for deed or other similar instrument, is an owner. "Permit" - A Permit to Construct as required by Chapter 6 of these Rules. 2 "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 Kerr County 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. 3 "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. 4 CHAPTER 2 ESTABLISHMENT AND 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 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 Kerr County. 2.04. EFFECTIVE DATE. These Rules shall become effective upon their approval by the Texas Water Commission. 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.Ob. 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. (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 5 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 nvt be affected. 2.08. NO EX PARTE COMMUNICATIONS. After an application has been made by a person and the application fee has been paid, no person nor any employee, agent, or representative of the applicant, shall communicate with a member of the Commissioners' Court concerning the application or any matter pertaining thereto, until such time as a permit to operate has been issued or in a public meeting of the Court wherein an appeal concerning the application is being considered as provided for in Chapter 3 of these Rules. 2.09. RECORDING. After the approval of these Rules by the Commissioners' Court, and the State of Texas, County Clerk of Kerr County, Texas, is hereby directed to record a true copy of these Rules in the Real Property Records of Kerr County, Texas. 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 III. 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. 3.05. REGISTRATION OF INSTALLERS. (a} A person may not operate as an installer unless the person is registered by the Texas Water Commission. (b) A person who installs its own on-site sewage facility on its own property shall be exempt from the installer registration requirements. 3.06. REGISTRATION OF TRANSPORTERS. A person may not commence or proceed in any manner with the removal of sludge, effluent or any other matter from an on-site sewage facility unless the person is registered by the Texas Water Commission as a transporter. 8 CHAPTER 4 DUTIES AND POWERS 4.01. DUTIES AND POWERS. (a) The Ken 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. (6) 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, 19$8, 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. REQUIIZEMENTS. (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 or license. (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) Off-site discharge of effluent is not permitted under any circumstances. (3) 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. (f) 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. (g) 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 will be granted an exemption from the requirements of this chapter if the facility will not create a nuisance or pollute or threaten to pollute groundwater. An application for exemption must be in writing addressed to the Licensing Authority, and shall contain the following information: (1) An accurate description of the location of the property including, if necessary, directions to the property referencing known roads and landmarks as often a possible; (2) An accurate description of the location of the facility such as to enable it to be located with certainty. Said description shall also include a sketch showing the location of the components of the facility and their dimensions and relative distances to fixed objects on the surface; (3) The type and design of the facility; (4) The maximum number of persons that the facility is being designed to serve and the number of persons that will be served upon completion; (5) The distance to any waterwell; and (6} A statement that the facility is in excess of 200 feet from any property line. (h) Mobile home and/or recreational vehicle parks are not eligible for this exemption and must obtain a permit for a collective on-site sewage facility or individual permits for each individual trailer located at the site. (i) 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 relevant factor. EftYuent 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. x.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 an on-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} Injection 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 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 or within 75 horizontal feet from the bank of a water body as designated and defined in the Regulations for Flood Plain Management, Ken County, Texas. (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 in rare instances and 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 12 potential for harm to water resources and certify that no damage to water resources and/or its flow, will occur. 5.04. MAINTENANCE REQUIREMENTS. (a) Maintenance of an on-site sewage facility shall be performed in accordance with the Standards and according to the manufacturer's recommendations for the particular facility, if any. (b) For the protection of the general public, pumping of on-site sewage facility liquids and sludge shall be performed by Registered Transporters. All wastes removed from an on-site sewage facility must be transported to an organized disposal system or facility for final disposal. Policies for acceptance of all sludge, sewage liquids, or other wastes will be established by the owner of the facility receiving the wastes. If the owner refuses acceptance, then proper disposal must be made in accordance with applicable state laws and regulations. 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) The number of fixtures in existing structures or the proposed structure or structures. (6) 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: "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 14 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." (7) 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. (S) Any other information that the Licensing Authority may require, including operating instructions for alternative or innovative systems, etc. (9) The required fee. Fees are not refundable. (b) When required, the results of soil percolation tests performed by a Registered Professional Engineer or Registered Professional Sanitarian. Percolation tests shall be performed in accordance with the Standards. If such tests are required by the Licensing Authority, they shall be performed at the cost of the County. (c} The completed application and all additional information submitted shall not contain any false information or conceal any material facts. 15 (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. (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," and such other publications or information deemed accurate and appropriate by the Licensing Authority. 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 ten (10) 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. 16 (b) Should the Licensing Authority determine that no construction permit can be issued, it shall notify the Applicant of such fact within ten (10) days after the date of his initial on-site inspection. 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. (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 17 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 extenders, 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 9 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 a Registered Professional Sanitarian or Registered Professional Engineer 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. 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 on-site sewage facility; 18 (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; or (5) the facility fails. 6.08. SPECIAL REQUIREMENTS FOR INSTITUTIONS. (a) A Registered Professional Engineer or Registered Professional Sanitarian 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 Sec. 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 or Registered Professional Sanitarian design 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. 19 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 the application applies to 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. 7.04. APPLICATION FOR AN UNLICENSED FACILITY. If the application applies to an unlicensed facility, the provisions of Chapter 6 of these Rules shall govern and be followed, and the fee for a new facility under Chapter 6 shall apply. 7.05. 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 water of this State, or creates a 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 20 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. (d) The Licensing Authority may waive such provisions of these Rules, as deemed by it to be repetitive and/or unnecessary to the accomplishment of the purpose of these Rules. 21 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 uncover for inspection the following: (A) The clean out/access ports to the treatment tank(s). (B) The inlet line at the treatment-tank wall. (C) The effluent line at the treatment-tank wall. (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. 22 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. (1) 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 does 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 violation 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 REQUIItEMENTS. (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 Kerr County Environmental Health Department, and the applicable Rules and Standards, the Licensing Authority finds that the facility is in substantial compliance with the minimu-n 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 23 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 A REGISTERED PROFESSIONAL SANITARIAN OR REGISTERED PROFESSIONAL ENGINEER. Licensing Authority 24 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 five- 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" shall be 25 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 a Professional Engineer, Geologist, or Registered Sanitarian, or soil scientist. 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" 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. 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 (permeable, impermeable, water bearing, etc.) of each formation and the elevation of any water table. (b) The required fee shall accompany the application. 26 (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 for 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 REQUIREMENTS. (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 an on-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. (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. 27 (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. (b) (3) No part of an absorptive facility shall be installed within 75 feet of any springs orspring-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, Kerr County, Texas. (5) Lots shall be laid out where possible for connection to a future wastewater collection facility. 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'/z acres. (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. 28 (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. A Registered Professional Engineer or Registered Professional Sanitarian shall design all on-site sewage 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 asingle-family unit. Lots shall be sized in accordance with the Standards and these Rules except as described above. 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. 29 (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. 30 CHAPTER 10 ENFORCEMENT 10.01. INFORMAL. (a) (1) The Licensing Authority may routinely enter property for the purpose of inspecting any on-site sewage 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 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. (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. 10.02. CRIMINAL (TEXAS HEALTH AND SAFETY CODE, § 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 tine 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 31 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. (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. 10.03. CIVIL (TEXAS HEALTH AND SAFETY CODE, § 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 is may have a suit instituted in a district court through the County Attorney for injunctive relief or civil penalties or both against the person who committed, is committing, or is threatening to commit the violation. This order is authority for the bringing of such action. (b) Such suits may not be instituted by the Licensing Authority through private counsel unless the Commissioners' Court has adopted a resolution authorizing the institution of the suit. (c) In suits brought under this section the Texas Water Commission is a necessary and indispensable party. 10.04. 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. 32 APPENDIX I CONSTRUCTION STANDARDS FOR ON-SITE SEWAGE FACILITIES APPENDIX II GUIDE TO SOIL SUITABILITY FOR ON-SITE WASTEWATER SYSTEMS FOR KERR COUNTY, TEXAS APPENDIX III FEE SCHEDULE