ORDER NO. 20846
APPROVAL OF VARIANCE TO SUBDIVISl"OIQ RULES
FOR TIERRA GRANDE SUBDIVISION
On this the 23rd day of March 1992, upon motion made by Commissioner
Morgan, seconded by Commissioner Holekamp, the Court UNANIMOUSLY
APPROVED BY A VOTE OF 4-0-0, to grant the variance from the subdivision
rules and regulations to put two lots together to become one described
by_metes and bounds, in Tierra Grande Subdivision.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE,BY: ~ ,~n~..,~~,~..,~
OFFICE:
MEETING DATE: ~~,~
SUBS ECT: (PLEASE BE SP`ECI,FIC)
TIME PREFERRED:
EXECUTIVE SESSION REOUE.STED: YES _ NO ~._
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ~-- ~ -
Time for submitting this request for Court to assure that the matter 1s posted 1n accordance
with Article 6252-i7 1s as follows:
~ Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REGIUEST RECEIVED BY: ~'
THIS REQUEST RECEIVED ON : _-1 ~ ~ ~-~ '~~~ "'"`"
All Agenda Requests will be screened by the County Judge's Office to determine 1f
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
CHAPTER 3
RULES OF KERB COUNTY
ADMINISTRATIVE PROVISIONS
3.01. EXCEPTION.
(a) A person desiring an exception to any requirement of these Rules
shall file a written request with the licensing authority stating:
(1) The nature of the exception requested;
(2) The reason that justifies the granting of the exception; and
(3) Any information that the licensing authority reasonably
requests.
(b} Within thirty (30) days after the receipt of said request, the
licensing authority shall review the request and reply to the
applicant in writing either granting or denying the request. If
the request is denied, the licensing authority shall include the
reasons for denial in the reply.
3.02. APPEAL.
(a) Any person aggrieved by an action or decision of the licensing
autharity made hereunder may, within thirty (30) days of the date
of the document giving notice of the action or decision, or within
thirty (30) days of the actions, if no document is given, appeal
to the Commissioners Court.
(b) The appeal shall be initiated by filing a written objection with
the Clerk of the Commissioners Court. The written objection shall
state what the complainant believes the action or decision of the
licensing authority should have been and the reasons therefor. A
copy of the document containing the notice of the complained of
action or decision, or a written statement of the complained of
action or decision, if no document was given, shall be attached to
said written objection.
(c) When an objection is filed, the Clerk of the Commissioners Court
shall notify the County Judge who shall place the matter on the
Agenda of the Commissioners Court for review at the next meeting
of the Commissioners Court, that is at least ten (10) days
after the date of the filing of the objectioh. 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 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.
(OVER)
~.
page 2
(e) These provisions for appeal are not exclusive, but are cumulative
of any other remedies at law or in equity.
FROM THE STATE CONSTRUCTION STANDARDS:
EXEMPTIONS AND VARIANCES. Requests for exemptions or variances of any
part or parts of these standards for the design, installation or
operation of any on-site sewerage system shall be considered on an
individual basis. The burden of proof is the responsibility of the
registered professional engineer or registered professional sanitarian
responsible for the design or installation of the system under
consideration. This individual must demonstrate to the satisfaction of
the department or permitting authority, that the exemption or variance
has been requested because conditions are such that equivalent
protection of the public health and environment can be provided by
alternate means or construction features. Any such request must be
accompanied by sufficient engineering or applicable data to meet the
department's or permitting authority's satisfaction. The department
shall, at the request of local authorities, provide evaluation and
comment services for any such local authority. A registered
professional engineer or a registered professional sanitarian shal l
certify in writing that the system he or she designed is constructed in
accordance with the plans approved by the department or the local
authority.
s/so
(j) No person may cause, suffer, allow, or permit the
maintenance of a private sewage facility in such a
manner as to cause, or as may tend to cause, pollution,
injury to public health, or nuisance conditions.
(k) The licensing authority shall not issue a permit for the
installation of a private sewage facility until a plat
of the building lot has been approved by the
Commissioner' Court, and filed for record in the office
of the County Clerk, unless said property has applied
for and received an agricultural exemption from ad
valorem taxation. Prior to issuing a permit the
licensing authority shall ascertain from the County
Clerk that the proposed building lot is a lot in an
approved subdivision or that it is required to be
platted, or that it is excepted from the platting
requirements.
-1 5-
(e} No component of a private sewage facility shall be
covered until an inspection by the licensing authority
has been made. Provided, however, absorption trenches
or beds, or evapotranspiration beds may be partially
backfilled, but all ends and other critical areas shall
not be covered until the licensing authority has
determined, as evidenced by the issuance of a license,
that the installation, construction, or substantial
modification complies with the these Rules, the
Standards, or other special conditions specified in the
permit.
(f) No person may cause, suffer, allow, or permit the
operation or use of a new private sewage facility unless
a license, or necessary license amendment therefor, has
first been issued.
(g) No person may cause, suffer, allow, or permit the
construction or installation of a private sewage
facility on a lot or tract that is smaller than that
required to meet the requirements set forth in the
Standards. Provided, however, on lots existing prior to
the effective date of these Rules, a private sewage
facility may be permitted to be constructed on a lot
smaller than one half acre, if it is demonstrated
by a thorough investigation that a private sewage
facility can be operated without causing a threat or
harm to an existing or proposed water supply system or
to the public health, or the threat of pollution or
nuisance conditions.
(h) The effluent from a private sewage facility, whether
using an aerobic or anerobic treatment unit, must be
discharges on site into a properly designed and
constructed absorption or evapotranspiration unit and
shall not be discharged to the ground surface or into or
adjacent to any water in the state; except that in areas
where soils are unsuitable for conventional on-site
sewage disposal systems, effluent from National
Sanitation Foundation, Standard 40, Class I aerobic
systems or equal as approved and listed by the Texas
Department of Health may be discharged to the ground
surface by irrigation if the licensing authority
determines that the method will not create a nuisance
and complies with the Texas Department of Health
standards and policies. There shall be no off-site
-~ ~ ~ -. • ~- ~ of off 1 uent .
(i) Injection walls, pit privies, and cesspools used to
dispose of sewage, and any system utilizing naturally or
artificially produces holes, cavities, or drilled wells
to ease the disposal of sewage are specifically
prohibited from being installed and licensed.
-14-
S P E F~ MESSAGE
TO / ~ ~~
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Vei;sonJO~as, 1989
WilsonJones • caroo+,ieas
^AAJF IN L 5 A • 60899 oupl,ca[e
SUBJECT ~ ~~~~r~. ~~~ ~n ~~ -I ~ ~ ~- -~ E ~~
-.,
RULES OF KERR COUNTY, TEXAS
FOR
PRIVATE SEWAGE FACILITIES
CHAPTER 1. DEFINITIONS
CHAPTER 2. ESTABLISHMENT AND GENERAL PROVISIONS
2.01.	Authority
2.02.	Purpose
2.03.	Area of Jurisdiction
2.04.	Effective Date
2.05.	Incorporation by Reference
2.06.	Construction, Precedence, and Interpretation
2.07.	Severability
CHAPTER 3.	ADMINISTRATIVE PROVISIONS
3.01.	Exception
3.02.	Appeal
3.03.	Notice
3.04.	Fees
3.05.	Licensing of Installers
3.06.	Licensing of Septic Tank Pumpers
CHAPTER 4. DUTIES AND POWERS
4.01. Duties and Powers
CHAPTER 5. LAWFUL DISCHARGES AND REQUIREMENTS
5.01. Lawful Discharges
5.02. Requirements
CHAPTER 6. DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS
6.01. Connection to Organized Disposal Systems
CHAPTER 7. CONSTRUCTION AND OPERATION REQUIREMENTS
7.01. Requirements for New Private Sewage Facilities
7.02. Permit to Construct
'7.03. License to Operate
7.04. Special Requirements for Institutions
7.05. Special Requirements for Aerobic Systems,
Collective Systems and other Alternative
Systems
CHAPTER 8. SUBDIVISIONS
8.01. Subdivision Construction Authorization
8.02. Application
8.03. Lot Size and Requirements
8.04. Notice
CHAPTER 9. ENFORCEMENT
9.01. Informal
9.02. Criminal
9.03 Civil
9.04. Failure of Licensed Facilities
KERR COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
101 Spur 100
°~,,, r~;~ ~= Kerrville, Texae 78028
(512) 896-5101
MINIMUM RECJl1iRED DISTArJC-E> IN FEET FOR CONVENTIONAL SYSTEMS
SEWAGE LINED SOIL	SEWER PIPE
FROM T0: TREATMENT EVAPO. ABSORPTION	WITH
TANKS BEDS SYSTEMS/	WATERTIGHT
UNLINED	JOINTS
EVAPO.	
BEDS	
Private Water Wells
Underground Cisterns]	50	150	150	20
Pump Sucti•cn Pipes				
Public Water Wells	50	150	150	20
Water Supply Lines	10	10	10	9
Streams, Ponds, and Lakes	75	125	125	20
Sharp Slopes, Breaks	5	var.	50	5
Foundations, Structures				
and Surface Improvements	5	5	15	
Property Lines	10	10	10	
Easement Lines	1	1	5	
Soil Absor-ption Systems	5	5	20	
Swimming Pools	15	15	15	
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OgR~t NO. 20846
APPROVAL OF VARIANCE TO SUBDIVISI0~1
RULES FOR TIERRA G~ANDF,
N3arch 23, 1992
Vol S, Page 574