ORDER N0. 20849
ACCEPTANCE OF RULES AND REGULATIOTJS OF
ON-SITE SEWERAGE FACILITIES AND
ISSUI2dG OF PUBLIC NOTICE
On this the 23rd day of March 1992, came on to be considered by the
Court the proposed Rules and Regulations of On-site Sewerage Facilities
of Kerr County. Motion was made by Judge Stacy to have 2.08 concerning
r~x Parte taken out of rules, the Court VOTED BY A 1~IAJORITY VUTr, OF
3-2-0, to take 2.08 out of the rules, a separate motion was made by
Judge Stacy to replace bathrooms for bedrooms in section 6.02 #4, this
motion died for a lack of second. A public hearing will be held on
April 13, 1992 at 10:00 A.M.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
__ DOCUMENTS TO BE R VIEW BY THE COURT
MADE BY: Bruce Oehler
OFFICE: Commissioners' Court
MEETING DATE: March 23, 1992
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider County acceptance and issuing notice
of Public Hearing on the proposed ruled and regulation for On-Site Sewerage Facilities
for Kerr County.
EXECUTIVE SESSION REQUESTED: YES ,_ NO X
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ('nmmiccinnor v,.r it~~
Time, for submitting this request for Court to assure that the matter is posted In accordance
with Article 6252-17 1s as follows:
* Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REQUEST RECEIVED BY: is
THIS REQUEST RECEIVED ON : 3/9/92 .(ol 12:00
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate informatloR has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
eouni s~Nc
ovvovru Nirv
KERRVILLE BOARD OF REALTORS; INC.
328 JEFFERSON KERRVI LLE, TEXAS 78028 512-896-1255
March 20, 1992
Commissioners Court
700 Main
Kerrville, Texas 78028
RE: New County 6~7aste Water System Rules
Gentlemen:
REALTORT
The Board of Directors of the Kerrville Board of Realtors has in-
structed me to express our concern that there is uncertainty about
the rules and guidelines governing the installation of waste
water systems in Kerr County. When we, as real estate profession-
als, try to sell land to a prospective buyer, we are unable to
tell them what the system will cost or even if it would be per-
mitted. This uncertainty is detrimental to healthy growth in
the local area.
We request a target date be established to finalize the new rules
and suggest a reasonable date would be May 1, 1992.
Please advise us of your decision so that we can inform the 150
members which are represented in our organization.
Sincerely,

Jane Hall
President
CC: Judge William G. Stacy
Commissioner Bruce Oehler
Commissioner Gordon Morgan
Commissioner Glen Holekamp
Commissioner T.H, CButch~ Lackey
Kerrville Daily Times
Kerrville Mountain Sun
Pride in, respect for, the property of America
L \,
S~JGGES'~E~
R~J~LES A.NI~ REG..~T~~~JNS
Ft~R
IV!~TE SE~'~~~GE SYSTEMS
~'I~.
R.~RR ~G~.Ti~TY9 ~. E~~~S
INDEX TO RULES
CHAPTER 1.	DEFINITIONS	CHAPTER 8.	APPLICATION TO RECONSTRUCT,
			ALT"...R, EXTEND, REPAIR, OR
CHAPTER 2.	ESTABLISHMENT AND GENERAL		1v1ODIFY A PRIV ATE SEWERAGE
	PROVISIONS		SYSTEM
2.01.	Authority.	8.01.	Application.
2.02.	Purpose.	8.02,	Application InformationRequirements,
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.	Construction, Precedence, and	8.05.	Emergency Repaus.
	Interpretation.	8.06.	Application for an Unlicensed System.
2.07.	Severability.		
2.08.	No ExParte Communications.	~9AFTER 4,	SALE OR TRANSFEk INSPRCTION
2.09.	Liaison Member.	9.01.	Application far RPinspP.ction and
2.10.	Recording.		InitialInspec;ion.
2,11.	Circumstances Not Covered.	9.02.	Notice to Licensing Authority -
			Licer_cPd Systems.
CHAPTER 3.	ADMINISTRATIVE PROVISIONS	9.03.	Notice t.~ Licensing Aat'lority -
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 Cerificate 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 5.	LAWFUL DISCHARGES AND	10.04.	Nc Services Excspt for Holder of
	GENERAL REQUIREMENTS		Certificate of Registration.
5.01.	Lawful Discharges.	10.05.	Cancellation.
5.02.	Requirements.		
		CRAFTER 11.	INSTITUTIONS
CHAPTER 6.	DEVELOPMENT OF ORGANIZEn	11.01.	Special Requirements for Institutions.
	DISPOSAL SYSTEMS	11.02.	Procedures for Other Systems.
6.O1.	t~onnection to OlgKnized Disposal		
	Systems.	CHAPTER 12.	SUBDIVI5IUNS
		12.01.	S~.~hdivision Construction. Registrador..
CHAPTER 7.	CONSTRUCTIOI`? AND		
	OPERATION REQUIREMENTS	S'~iAl''I'ER 13.	F.NFORC,~1~tBN"±'
7.01.	Application.	13.01.	Informal.
7.02.	Application InformationRequtrements.	13.02.	Criminal.
7.03.	Inspection by Licensing Authority.	13.03.	Civil.
7.04.	Notification.	13.04.	Failure of Licensed Systems.
7.05.	Notice That No Permit Will Be Issued.		
7.06.	Alternative 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.
"Authorized Agent" -The local governmental entity authorized by the State to implement and enforce sections on on-site
sewerage facilities.
"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 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.
"Extension" - to expand or enlarge further than its original limit.
"Failing System" -Any private sewerage disposal system which adversely affects surface or ground water quality, or
creates a condition which constitutes a possible medium of transmission of disease to human beings. Examples include but
are 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 who is licensed by the State of Texas 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, or other agency, 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 all 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.
"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 authorzing the aperatiot' of a private
sewerage system as defined by these Rules.
"Organized Disposal System" -Any publicly or privately owned system for the correction, 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, mist,
estate, partnership and any other legal entity or association, including but trot limited to, owners, developers, installers,
operators, or any other person responsible for the construction, inctallKtion, 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 [he water harmful, detrimental, or injivions to humans, areir,~~l life; vegetation, or prorerty or to
the public health, safety, or welfare, or impairs the usefumess of -!ie public enjoyment yf :~~ater for any lawfcl o:
reasonable purpose.
"Private Sewerage Facilities" or "Private Sewerage Systems"or "On-site Se~Vvage 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 bean absorption trench bed, or an evapotranspiration bed).
"Repair" - To restore to a sound or good state of decay, injury, dilapidation, or partial destruction.
"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" -Wastes that are primarily organic anti bcidegradabl., or deror.-pesabie and that generally
originate as human, animal, or plant wastes from domestic activities, such a~ wnshirg, bathing, and food preparation, and
retail or commercial activities.
"Single Family Dwelling" - A hzbitat constructed on or brought to a site and occu,,ied by one c.* more persons primarily
of one family and caretakers. Connection of not rnore than three al+p~.rrtenant structures to t!:e sar.:e pri:•ate se~~~erzge
system may be permitted if, in the judgment of the Licensing Autharity, adequate treatment capacity is present.
"Standards" -The standards set forth in the pamphlet entitled "Construction Standa:~s 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, pond, irnpeunding reservoirs,
springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, r`te Gulf of P~Texico, inside the territorial limits of the
State, and all other bodies of surface water, natural ur artificial, :hland cr coastal, fresh or atilt, navigable or pen-navigable,
and including the beds and banks of all water courses and bodies of surface water, t)cat are wholly or parriahy inside or
bordering the State or inside the jurisdiction of the Stara.
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 Chap[er 366 Texas Health and Safety Code.
2.02. Purpose.
The purpose of these Rules is to abate or prevent pollution, nuisance conditions, or injury to the public health in Kerr
County, Texas.
2.03. Area of Jurisdiction.
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 current Standards is attached to these Rules as Appendix A.
2.06. Construction, Precedence, and Interpretation.
(a) These Rules shall be construed liberally to accomplish their purpose. In construing the Standards, Precatory words
contained therein shall be deemed mandatory.
(b) In the event of any conflict between these Rules and an order, resolution, or rule adopted by the Texas Department of
Health, the order, resolution, or rule adopted by the Texas Department of Health shall take precedence. In the event of any
conflict between these Rules and the Standards, these Rules shall take precedence.
(c) The Licencing Authority shall within the purpose of these Rules, resolve any question regarding any interpretation of
these Rules or the Standards. The decision of the Licensing Authority shall be final unless appealed to the Commissioners
Court as provided for by these Rules.
2.07. Severability.
If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the validity of the
remainder of these Rules and the application thereof to other persons and circumstances shall not be affected.
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 a[ 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.
After the approval of these Rules by the Commissioners Court, of Kerr County, Texas, and the Texas Department of
Health, the County Clerk of Ken County, Texas, is hereby directed to record a we copy of these Rules in the Real
Property Records of Ken 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 the exception; and
(3) Any information that the Licensing Authority reasonably requests.
(c) Within ten (10) working 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 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. Fees
are not refundable.
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 Ken 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 duties 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 Exhibit "A".
(4) To make semi-annual reports to the Commissioners Court on all actions, including legal actions, taken concerning
these Rules.
(5) 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 date of these Rules, only the following types of sewerage discharges shall be lawful:
(1) Sewage dischazged into an organized disposal system operating under a valid permit issued by the Texas Water
Commission.
(2) Sewage dischazged 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 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 shall, 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 modification to a private sewerage
system unless a permit therefor has first been issued.
(d) The construction, installation, or modification of a private sewerage system shall be made in accordance with the
approved design and requirements of the permit issued.
CHAPTER 6 DEVELOFMENT OF ORGANIZED DISPOSAL SYSTEMS
6.01. Connection to Organized Disposal Systems.
(a) In order to implement the stated policy of the Legislature and the Texas Boazd 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-
cable access 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.
CHAPTER 7
APPLICATION TO CONSTRUCT
7.01. Application.
A person desiring to construct 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 instructions for alternative or
innovative systems, etc.
(c) 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.
(d) The number of fixtures in existing structures or the proposed structure or structures.
(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 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 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 [hey shall be submitted to the
applicant for his approval, which approval shall be shown by the Applicant's signature on each drawing.
(d) If no improvements presently exists upon the site, then a drawing showing the approximate size in square feet
of the location of all proposed improvements to include bedrooms, shall be provided to the Licensing Authority by
the Applicant under his signature.
7.04. Notification.
(a) The Licensing Authority having completed the initial on-site inspection of the private sewerage 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 spell out the minimum construction requirements for the issuance of a construction permit.
(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.
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
?.06. Alternative and Innovative Systems.
(a) Should the Licensing Authority after the inspection has been completed, notify the Applicant that its minimum require-
ments will require the construction of an alternate system, or should the Applicant desire to construct such a system, the
Applicant shall make an application for a construction 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, and
pay the additional fee fixed therefore.
(b) The Engineer or Registered Sanitarian preparing the plans and specifications shall be required to certify that he has
prepared such plans and specifications prior to the issuance of the construction permit.
7.07. Application for Construction Permit.
(a) An Applicant, having been notified by the Licensing Authority of the minimum requirements for issuance of a
construction permit and agreeing to comply therewith, and desiring to construct such a private sewerage system, shall then
make application for a construction 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 construction as submitted by the Applicant shall then, within five (5) days from the date of such
approval, issue a Construction Permit to the Applicant authorizing said Applicant to proceed with construction. Applicant
shall be required to complete the conswction within six (6) months from and after the issuance of the conswction permit.
7.08. Issuance of Operating License.
(a) An Applicant having completed the construction of the private sewerage system authorized under the construction
permit granted to him under the provisions of Section 7.07. of these Rules, shall notify the Licensing Authority that he has
completed construction of said private sewerage system and desires to have the same inspected and approved. The
Installer shall not cover the private sewerage system until the Licensing Authority shall have completed its inspections 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 construction is not in compliance with the construction permit or that the
System is not operating properly, whether constructed in accordance with the construction 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. Such operators license shall be
transferable upon the sale or conveyance of the land which is appurtenant to the operator's license in accordance with
Chapter 9 of these Rules.
CHAPTER 8
APPLICATION TO RECONSTRUCT, ALTER, EXTEND, REPAIR,
OR MODIFY A PRIVATE SEWERAGE SYSTEM
8.01. Application.
A person desiring to reconstruct, 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. The fee is not refundable.
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 rrquire. (Flood Plain Maps)
(c) The number of bedrooms and square footage in existing structures and the number of bedrooms and their approximate
squaze footage in a proposed swctire.
(d) The number of fixtures in existing structures or the proposed structure or structures.
(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 guazanteed, 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."
8.03. Application for Permit.
Upon application for a permit to reconstruct, 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 Currently 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 matte 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 $350.00, 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
Chapter 7 of these Rules.
8.06. Application for Unlicensed System.
If the application applies to an unlicensed system, the provisions of Chapter 7 of these Rules shall govern, and be followed,
and the fee for a new system under Chapter 7, shall apply.
CHAPTER 9
SALE OR TRANSFER INSPECTIONS
9.01. Application for Reinspectioa 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 or 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-
tion for such reinspection of the private sewerage system, and pay the reinspection fee.
(b) The Licensing Authority, upon receipt of such Notice, and she 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, shall 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.
The Applicant shall also be required to uncover for inspection the following:
{a) The Septic Tank clean out port.
(b) The inlet line at the Tank wall.
(c) The affluent line at the Tank wall.
(2) The Applicant having prepared the site in compliance with Lhe hereinabove written requirements, shall notify the
Licensing Authority that such system is ready for inspection.
(3) The Licensing Authority, upon receipt of the application, and the payment of the applicable fee, and having been
notified by the Applicant that the Septic System is ready for inspection, shall Proceed toprocess the application as
required by Chapter 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 pollution, 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 violation 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 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 n~~mber.
(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 (5) 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 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 Chapter 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 Ken 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 500 or more gallons per day of sewage.
11.02. Procedures for Other Systems.
A person desiring [o construct a private sewerage system other than a single family dwelling system, shall follow the
procedures established by Chapter 7 of these Rules.
CHAPTER 12 SUBDIViSiONS
12.01. Subdivision Construction Registration.
Any person desiring to create a subdivision, including mobile homearks, 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
ENFORCEIIrIENT
13.01. Informal.
(a) The Licensing Authority may routinely enter property for the purpose of inspecting any private sewerage system to
assure continued compliance with these Rules. The Licensing 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 :nay 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 ($10.00) 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 defendant that the defendant has been convicted of an offense under these Rules
within a year before the date on which the offense being rrie~i occurred, the defendant shall be punished by a fine of not
less than ten dollazs ($10.00) or more than one thousand dollazs ($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) 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.
13.03. Civil. (Texas Health and Safety Code, Sec. 341.092)
(a) Whenever it appears that a violation or the threat of a ~roiatior. of any of the terms and conditions of these Rules has
occurred or is occurring, the Licensing Authority may have a ~~iit instituted in a district court thrnugh 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 f~ommissioners 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 Texa.~ 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) $ 350.00
(2) Licensed Systems. To include Application, Permit, and Operator's License. (Chapter 8) $150.00
(3) Unlicensed Systems. To include Inspection, Application, Permit, and Operator's License,
or transfer of Operators License $350.00
(4) Reinspection. For licensed system, including license transfer to new owner. (Chapter 9) $100.00
(5) Exception. Application for exception. (Chapter 3)
(6) Subdivision Registration Fee. (Chapter 12)
$100.00
$100.00