PROPOSED
RULES AND REGULATIONS
OF
KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
As amended and submitted to
the
Commissioners' Court
of
Kerr County, Texas
on
March 9, 1992
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RULES OF KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
CHAPTER	1.	DEFINITIONS
CHAPTER	2.	ESTABLISHMENT AND GENERAL PROVISIONS
	2.01.	Authority
	2.02.	Purpose
	2.03.	Area of Jurisdiction
	2.04.	Effective Date
	2.05.	Incorporation by Reference
	2.06.	Construction, Precedence, and Interpretation
	2.07.	Severability
CHAPTER	3.	ADMINISTRATIVE PROVISIONS
	3.01.	Exception
	3.02.	Appeal
	3.03.	Notice
	3.04.	Fees
CHAPTER	4.	DUTIES AND POWERS
	4.01.	Duties and Powers
CHAPTER	5.	LAWFUL DISCHARGES AND REQUIREMENTS
	5.01.	Lawful Dischazges
	5.02.	Requirements
	5.03.	Prohibitions
	5.04.	Discharge of Greywater
	5.05.	Maintenance Requirements
	5.06.	Installers
CHAPTER	6.	CONSTRUCTION AND OPERATION REQUIREMENTS
	6.01.	Requirements for New On-Site Sewage Facilities
	6.02.	Permit to Construct
	6.03.	Inspection by Licensing Authority
	6.04.	Issuance of Permit to Construct
	6.05.	License to Operate
CHAPTER	6. (Cont'd)	
	6.06.	Unlicensed On-Site Sewage Facilities
	6.07.	Terms of Licenses
	6.08.	Special Requirements for Institutions
	6.09.	Special Requirements for Designed Facilities
	6.10.	Special Requirements for Surface Imgation Facilities
CHAPTER	7.	APPLICATION TO RECONSTRUCT, ALTER, EXTEND
OR
		,
REPAIR
	7.01.	Permit Required
	7.02.	Application for Permit
	7.03.	Application for a Currently Licensed Facility
	7.04.	Application for an Unlicensed Facility
	7.05.	Repairs
	7.06.	Emergency Repairs
	7.07.	Variance
CHAPTER	8.	SALE OR TRANSFER INSPECTIONS
	8.01.	Application for Reinspection or Initial Inspection
	8.02.	Inspection and Permit -Licensed Facilities
	8.03.	Inspection and Permit -Unlicensed Facilities
	8.04:	Issuance of License
	8.05.	License Requirements
CHAPTER	9.	SUBDIVISIONS
	9.01.	Licensing Authority Recommendations
	9.02.	Application
	9.03.	Lot Sizes and Requirements
	9.04.	Notice
CHAPTER	10.	ENFORCEMENT
	10.01.	Informal
	10.02.	Criminal
	10.03.	Civil
	10.04.	Failure of Licensed Facilities
ii
CHAPTER 6. (Con['d)
6.06.	Unlicensed On-Site Sewage Facilities
6.07.	Terms of Licenses
6.08.	Special Requirements for Institutions
6.09.	Special Requirements for Designed Facilities
6.10.	Special Requirements for Surface Imgation Facilities
CHAPTER 7.	APPLICATION TO RECONSTRUCT, ALTER, EXTEND
OR
	,
REPAIR
7.01.	Permit Required
7.02.	Application for Permit
7.03.	Application for a Currently Licensed Facility
7.04.	Application for an Unlicensed Facility
7.05.	Repairs
7.06.	Emergency Repairs
7.07.	Variance
CHAPTER 8.	SALE OR TRANSFER INSPECTIONS
8.01.	Application for Reinspection or Initial Inspection
8.02.	Inspection and Permit -Licensed Facilities
8.03.	Inspection and Permit -Unlicensed Facilities
8.04:	Issuance of License
8.05.	License Requirements
CHAPTER 9.	SUBDIVISIONS
9.01. Licensing Authority Recommendations
9.02. Application
9.03. Lot Sizes and Requirements
9.04. Notice
CHAPTER 10. ENFORCEMENT
10.01. Informal
10.02. Criminal
10.03. Civil
10.04. Failure of Licensed Facilities
ii
APPENDICES
I. Construction Standards for On-Site Sewage Facilities
II. Guide to Soil Suitability for On-Site Wastewater Systems for Ken County, Texas
III. On-Site Surface Application of Treated Wastewater
IV. On-Site Surface Application of Greywater
V. List of State-Approved On-Site Aerobic Treatment Units
VI. Fee Schedule
iii
CHAPTER 1
DEFINITIONS
The following words and terms including [hose found in the Standazds, when used in
these Rules, shall have the following meanings, unless otherwise defined or unless the context
clearly indicates otherwise:
"Absorption Unit" -Any subsurface facility that primarily relies on soil absorption in
an absorption trench or absorption bed to dispose of the effluent from a wastewater treatment
unit.
"Alteration" or "Alterations" -Any change by which either of the treatment unit or
disposal unit is replaced, or by which the function or design of such unit is changed.
"Code" -Texas Health and Safety Code.
"Commissioners' Court" -The Commissioners' Court of Kerr County, Texas.
"Dedicated Waste Disposal Area" - An area which can not be covered by impervious
materials; used for parking or other uses which may adversely affect the evaporative or
absorptive capabilities of the facility.
"Designated Representative" - Means the Ken County Environmental Health
Department (KCEHD), its Director, staff, or other person or agency designated by the
Commissioners' Court in Chapter 4 of these Rules to have the duties and powers to administer
and enforce these Rules.
"Evapotranspiration Unit" - A subsurface sewage disposal facility which relies on soil
capillary action and plant uptake to dispose of treated effluent through surface evaporation and
plant transpiration.
"Existing On-Site Sewage Facilities" -Any on-site sewage facility that has a license or
to operate under any previous rule, order, or resolution of Ken 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 groperty 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 [he 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 aze operated under
a permit issued by the Texas Water Commission. On-site sewage facilities aze usually composed
of three units; the generating unit (the residence, the institution, etc.), the treatment unit (septic
tank, etc.), and the disposal unit (the drain field that may be an absorption trench or bed, or an
evapotranspiration bed). Such facilities include septic tanks, pit privies, cesspools, sewage
holding tanks, injection wells used to dispose of sewage, chemical toilets, treatment tanks, and
all other facilities, systems, and methods used in the disposal of sewage. The term also includes
greywater systems.
"Organized Disposal System" -Any publicly or privately owned facility or system for
the collection, treatment, and disposal of sewage that is operated in accordance with the terms
and conditions of a valid waste discharge permit issued by the Texas Water Commission.
"Owner" - A person which owns a building or property serviced by an on-site sewage
facility. For purposes of these Rules, a purchaser on a contract for deed or other similar
instrument, is an owner.
2
"Permit" - A Permit to Construct as required by Chapter 6 of these Rules.
"Person" -Any individual, corporation, organization, government or governmental
subdivision or agency, business, trust, estate, partnership and any other legal entity or
association, including, but not limited to, owners, developers, installers, operators, or any other
person responsible for the construction, installation, or operation, of an on-site sewage facility.
"Pollution" -The alteration of the physical, thermal, chemical, or biological quality of,
or the contamination of any water in the State that renders the water harmful, detrimental, or
injurious to humans, animal life, vegetation, or property or to the public health, safety, or
welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or
reasonable purpose.
"Proposed Individual or Public Water Supply Wells or Systems, or Proposed
Organized Disposal System" -Any such well, facility, or system for which the owner or
operator has entered into contractual obligations, which cannot be canceled or modified without
substantial loss, for the construction of such well, facility, or system that will be completed
within a reasonable time.
"Repair" -Replacement or restoration of one or more components of an on-site sewage
facility. The term applies to the correction or remedy of a malfunction or nuisance. This term
does not include components which are replaced or restored incident to ordinary, routine, or
normal maintenance.
"Sewage" -Wastes that are primarily organic and biodegradable or decomposable and
that generally originate as human, animal, or plant wastes from domestic activities, such as
washing, bathing, and food prepazation, and certain retail or commercial activities.
"Single-Family Dwelling" - A habitable structure constructed on, or brought to its site,
and occupied by members of one family.
"Single-Family Residence" - Asingle-family dwelling.
"Standards" -The standards set forth in the pamphlet entitled "Construction Standards
for On-Site Sewage Facilities", which were adopted by the Texas Department of Health,
pursuant to Chapter 366 of the Texas Health and Safety Code, as Texas Department of Health
Rules 25 TAC 301.8-301.17 and which were originally published in 12 TEXAS REGISTER
2226, and includes all future amendments by any agency of the State of Texas.
"State" -The State of Texas and its agencies.
"Subdivision" - A subdivision that has been platted and recorded with the County Clerk
or that is required by statute to be so platted and recorded, or as defined by the Ken County
3
Subdivision Regulations; or mobile home park; or any lot or tract used or intended to be used
for multifamily dwellings, including but not limited to apartments, duplexes and condominiums.
"Water" or "Water in the State" -Groundwater percolating or otherwise, lakes, bays,
ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Gulf of Mexico, inside the 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. AUTHORTTY.
These Rules are adopted by the Commissioners' Court of Kerr County, Texas, acting in
its capacity as the governing body of Ken 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 Ken County.
2.04. EFFECTIVE DATE.
These Rules shall become effective upon their approval by the Texas Water Commission.
2.05. INCORPORATION BY REFERENCE.
(a) The Standards and all future amendments and revisions thereto are incorporated
by reference and are thus made a part of these Rules. A copy of the current Standards
is attached to these Rules as Appendix I.
(b) The rules of the Texas Water Commission on abatement or prevention of pollution
and the prevention of injury to the public health are hereby incorporated by reference.
2.06. CONSTRUCTION, PRECEDENCE, AND INTERPRETATION.
(a) These Rules shall be construed liberally to accomplish their purpose. In
construing the Standards, precatory words contained therein shall be deemed mandatory.
(b) In the event of any conflict between these Rules and an order, resolution, or rule
adopted by the Texas Water Commission, the order, resolution, or rule adopted by the
Texas Water Commission shall take precedence. In the event of any conflict between
these Rules and the Standards, the more stringent and applicable of the two documents
shall take precedence.
5
(c) The Licensing Authority shall, within the purpose of these Rules, resolve any
question regarding any interpretation of these Rules or the Standards. The decision of
the Licensing Authority shall be final unless appealed to the Commissioners' Court as
provided for by these Rules.
2.07. SEVERABILITY.
If any provision of these Rules or the application thereof to any person or circumstances
is held invalid, the validity of the remainder of these Rules and the application thereof
to other persons and circumstances shall not be affected.
6
CHAPTER 3
ADMINISTRATIVE PROVISIONS
3.01. EXCEPTION.
(a) Where a particular situation is not covered by these Rules or an interpretation of
these Rules is required, the Licensing Authority shall make a written finding or
interpretation subject to appeal to the Commissioners' Court as provided for in this
chapter.
(b) A person desiring an exception to any requirement of these Rules shall file a
written request with the Licensing Authority stating:
(1) The nature of the exception requested;
(2) The reason that justifies the granting of the exception; and
(3) Any information that the Licensing Authority reasonably requests.
(c) Within ten (10) days after the receipt of said request, the Licensing Authority
shall review the request and reply to the Applicant,in writing, either granting or denying
the request. If the request is denied, the Licensing Authority shall include the reasons
for denial in the reply.
3.02. APPEAL.
(a) Any person aggrieved by an action or decision of the Licensing Authority made
hereunder may, within fifteen (15) days of the date of the document giving notice of the
action or decision, or within thirty (30) days of the action or decision, if no document
is given, appeal to the Commissioners' Court.
(b) The appeal shall be initiated by filing an original and six copies of the written
objection with the County Judge. The written objection shall state what the complainant
believes the action or decision of the Licensing Authority should have been and the
reasons therefor. A copy of the document containing the notice of the complained-of
action or decision, or a written statement of the complained-of action or decision, if no
document was given, shall be attached to the written objection.
(c} When an objection is filed, the County Judge shall place the matter on the Agenda
of the Commissioners' Court for review at the next meeting of the Commissioners'
Court, that is at least ten (10) days after the date of the filing of the objection. The
County Judge shall forward a capy 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 [o be given pursuant to these Rules shall be considered given by
depositing same in the U. S. Mail, postage prepaid, and addressed in accordance with
the information given by an Applicant or complainant.
3.04. FEES.
To defray the reasonable cost of administering these Rules, the Licensing Authority shall
require fees to be paid in accordance with the schedule established from time to time by
the Commissioners' Court. A list of fees currently in force is attached hereto as
Appendix IV. Such fees shall be paid with the filing of an application for a permit,
license, or authorization, written request for an inspection or exception, or appeal. No
such document shall be considered filed until the fees are received. Fees aze not
refundable.
8
CHAPTER 4
DUTIES AND POWERS
4.01. DUTIES AND POWERS.
(a) The Kerr County Environmental Health Department (KCEHD) is designated by
the Commissioners' Court to be the Designated Representative (referred to herein as the
Licensing Authority) for these Rules within Kerr County and thus has the duty, and
necessary powers, to administer and enforce these Rules. The KCEHD as the
Designated Representative (Licensing Authority), shall have the following duties and
necessary concomitant powers:
(1) To organize, plan, and establish procedures for Department operation and
shall establish and maintain all records, forms, and files relating to the
Department.
(2) To enforce these Rules, file criminal complaints, and to make appropriate
recommendations to proper County authorities when instances of noncompliance
with these Rules have been determined.
(3) To make inspections of any existing on-site sewage facilities, when
requested or required.
(4) To inspect, test, and make written evaluations of site and soil conditions
and suitability on each site upon which an on-site sewage facility is proposed to
be located. Such inspection and evaluation may include but is not limited to
digging of test holes, collecting soil samples, and assessment of topography,
drainage, and ground water, and such other tests as may, in the discretion of the
Licensing Authority, be required.
(5) To collect all fees set by the Commissioners' Court as necessary to
recover the reasonable costs incurred in meeting the requirements of these Rules.
(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 dischazged into an unlicensed on-site sewage facility that was in
use on March 22, 1988, that has not been altered, repaired, or extended since the
effective date of these Rules, and that is operated and maintained in such a
manner as not to cause pollution, a threat to the public health, or nuisance
conditions.
5.02. REQUIREMENTS.
(a) Except as otherwise provided for herein, a permit or other applicable
authorization is required to operate, construct, alter, repair, or extend an on-site sewage
facility.
(b) Only the person owning or having the right of possession and use of the parcel
of land upon which a proposed on-site sewage facility is to be located, may apply for
an on-site sewage facility permit.
(c) The design, construction, and installation of any new on-site sewage facility, and
the alteration, repair, or extension of any licensed or existing on-site sewage facility
shall, at a minimum, meet the requirements set forth in the Standards and these Rules for
its particular type and design.
(d) The construction, installation, alteration, repair, or extension of an on-site sewage
facility shall be made in accordance with the approved design and requirements of the
permit or authorization issued therefor.
(e) The effluent from an on-site sewage facility, whether using an aerobic or
anaerobic treatment unit, must be discharged on-site into a properly designed and
constructed absorption or evapotranspiration unit and shall not be dischazged 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 imgation if the Licensing Authority determines that the method will
not create a nuisance and the practice complies with the Standards and policies
of the Texas Water Commission.
(2) No facility utilizing surface irrigation shall be permitted without proof of
a valid and binding maintenance agreement with a valid maintenance company
as provided by § 5.04 of these Rules.
(f) Off-site discharge of effluent is not permitted under any circumstances
(g) All discharge of effluent from an aerobic treatment unit shall meet National
Sanitation Foundation, Standard 40, Class I aerobic systems or equal as approved and
listed by the Texas Water Commission.
(h) Where soil conditions permit the use of conventional septic systems, the use of
a three-tank facility is encouraged. Such a facility must comply with all requirements
of the Standards, including volumetric capacity.
(i) An on-site sewage facility of asingle-family residence that is or will be located
on a land tract that is 25 acres or larger in which the field line or sewage disposal line
is not closer than 200 feet to a property line nor closer than 150 feet from a water well
is exempt from the permitting requirements of these Rules if the facility or system will
not create a nuisance or pollute or threaten to pollute groundwater. A person who
installs an on-site sewage facility on a land tract that is 25 acres or larger shall, within
30 days of the installation of the facility, notify the Licencing Authority of the
installation, its location and shall certify that the facility:
(1) Is located on a tract of land that is 25 acres or larger;
(2) Is not closer than 200 feet to a property line;
(3) Is not closer that 150 feet from a water well; and
(4) Such other information that the installer or owner desires to submit for
record purposes.
(j) Mobile home or a recreational vehicle pazks are not eligible for the 25 acre
exemption and must obtain a permit for a collective on-site sewage facility or individual
permits for each individual trailer located at the site.
(k) Tracts 25 acres or lazger that contain more than one single-family residence aze
not exempt from this chapter. Exceptions may be granted by the Licensing Authority
11
based upon soils, density, spacing, or any other relevant factor. Effluent from the on-site
sewage disposal facility of asingle-family residence must be retained within the specified
limits, may not create a nuisance, and may not pollute or threaten to pollute
groundwater.
5.03. PROHIBITIONS.
(a) No person may cause, suffer, allow, or permit the construction, installation,
repair, extension, or other alteration of an on-site sewage facility unless a license,
applicable license amendment, or other written authorization has been obtained.
(b) No person may cause, suffer, allow, or permit the construction or installation of
anon-site sewage facility on a lot or tract that is smaller than one acre. Provided,
however, an on-site sewage facility may be permitted to be constructed on a lot smaller
than one acre, if it is demonstrated by a thorough investigation, that an on-site sewage
facility can be operated without causing a threat or harm to an existing or proposed water
supply facility or to the public health, or the threat of pollution or nuisance conditions.
(c) 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 violation of the Standards and policies of the Texas Water Commission
or these Rules or in such a manner as to cause, or as that may tend to cause, pollution,
injury to public health, or nuisance conditions.
(e) On-site sewage facilities shall not be located in the floodway, as designated and
defined in the Regulations for Flood Plain Management, Ken County, Texas, or within
75 horizontal feet from water, as that term is defined herein. Provided, however, that
facilities that were, on the effective date of these Rules, within the floodway, may be
permitted provided that adequate flood protection devices or systems are installed or
constructed.
(f) The use of explosives during or incident to the construction of an on-site sewage
facility is strictly prohibited without prior written approval of the Licensing Authority.
Such authorization shall be granted only upon the written recommendation of a licensed
installer or registered professional engineer. The recommendation shall demonstrate the
necessity for the use of explosives, the kind of explosives proposed, the weight or
amount of charge proposed and shall assess the potential for harm to water resources and
certify that no damage to water resources and/or its flow, will occur.
12
5.04. DISCHARGE OF GREYWATER
(a) Surface application of greywater may be authorized by the Licensing Authority
through issuance of a permit only if the greywater disposal system is in compliance with
the requirements of the On-Site Surface Application of Greywater policy attached hereto
as Appendix IV.
(b) "Greywater" is wastewater from clothes washing machines, showers, bath tubs,
handwashing lavatories and sinks not used for food preparation or disposal of chemical
and biological ingredients.
(c) Applications for a permit to construct, operate, reconstruct, alter, extend, or
repair a greywater system are governed by Chapters 6 and 7 of these Rules and shall be
submitted and issued in accordance with the procedures and requirements of the
appropriate Chapter in the same manner as applications relating to on-site sewage
disposal systems.
5.05. MAINTENANCE REQUIItEMENTS.
(a) Maintenance of an on-site sewage facility shall be performed in accordance with
the Standards, these Rules, and according to the manufacturer's recommendations for the
particular facility or system, if any.
(b) Special maintenance requirements for facilities that utilize surface irrigation aze
set forth in § 6.10 of these Rules.
5.06. REGISTRATION OF INSTALLERS.
(a) A person may not operate as an installer unless the person is licensed by the
Texas Water Commission.
(b) An individual property owner of an existing or proposed single family dwelling
who installs, reconstructs, alters, extends, or repairs an on-site sewage facility on that
property is not required to be a licensed installer. All construction performed under this
subsection is required to be permitted in conformance with these Rules and the Standards.
This subsection does not apply to a developer, builder, or other person who constructs
single family dwellings solely for the purpose of sale or resale of the property.
13
CHAPTER 6
CONSTRUCTION AND OPERATION REQUIREMENTS
6.01. REQUIIiEMENTS 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 abtained 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. PERNIIT TO CONSTRUCT.
(a) To make application for a permit to construct, the Applicant shall submit to the
Licensing Authority the following:
(1) A properly completed application for a permit to construct and a flood
plain management development permit.
(2) A description of the property of such definiteness and completeness as to
enable the Licensing Authority to locate and proceed to the site selected by the
Applicant, with reasonable certainty. (Maps, Plats, Drawings, or clear written
directions shall be acceptable).
(3) A legal description of the property
(4) The number of bedrooms and the number of square feet in existing
structures or the number of bedrooms and the number of square feet in a
proposed structure.
(5) For commercial sites and institutions, the number of fixtures in existing
structures or the proposed structure or structures.
(6) The maximum number of persons that the existing or proposed structure
is designed to accomodate as well as the anticipated maximum number of persons
that the existing or proposed structure will actually accomodate.
(7) The application shall also include an acknowledgement by the Applicant
that the construction and operation of the facility, either existing or proposed is
the sole responsibility of the Applicant. Such acknowledgement shall be as
follows:
14
"I agree that it will be the responsibility of the Applicant to maintain and
operate the facility in a satisfactory manner. The proper performance of a on-site
sewage facility cannot be guaranteed, even though all provisions of the State and
County Rules and Standards have been met. Inspection and licensing of a on-site
sewage facility by the Licensing Authority shall indicate only that the facility
meets minimum requirements and does not relieve the Applicant of the property
from complying with the County, State, and Federal Regulations. On-site sewage
facilities, although approved as meeting minimum standards, must be up-graded
by the Applicant at Applicant's expense, if the Applicant's operation of the
facility results in objectionable odors, if unsanitary conditions are created, if
pollution or nuisance conditions are threatened or occur, or if the facility when
used does not comply with governmental regulations."
(8) A rough drawing or drawings with distances shown between features
reflecting that the proposed on-site sewage facility will comply with these Rules
and demonstrating that the lot or tract is large enough for the on-site sewage
facility to be constructed thereon, including but not limited to:
(A) The location of all water wells, existing and proposed, on the
property and those on adjacent property.
(B) The location of all buildings or dwellings, existing or proposed, on
the property.
(C) The slopes, contours or other pertinent features of the terrain.
(D) The location of all water supply lines and tanks, existing or
proposed, and existing sewage disposal facilities whether on site or on
adjacent property.
(E) The location of all roads, streets, easements, creeks or other water,
etc., adjacent to the property or traversing it.
(9) Any other information that the Licensing Authority may require, including
operating instructions for alternative or innovative systems, etc.
(10) The required fee. Fees are not refundable.
(b) If required by the Licensing Authority, the results of soil percolation tests
performed by an experienced Registered Professional Engineer, Registered Professional
Sanitarian, Certified Soil Scientist, Certified Professional Geologist, or other personnel
certified by the Texas Water Commission. Percolation tests shall be performed in
accordance with the Standards. Such tests shall be performed at the cost of the County
only when the tests are mandated by the Licensing Authority.
15
(c) The completed application and all additional information submitted shall not
contain any false information or conceal any material facts.
(d) A pending incomplete application shall expire six (6) months from the date of
receipt by the Licensing Authority.
(e) An applicant may, at his own expense, obtain and submit to the Licensing
Authority such reports, studies, evaluations, or other documents which demonstrate the
suitability of the site, or part thereof, for a particular on-site sewage facility or design.
6.03. INSPECTION BY LICENSING AUTHORITY.
(a) Upon receipt by the Licensing Authority of a completed application form and the
payment of the established fee, the Licensing Authority shall then proceed in due order
to perform the following:
(1) Make an appointment with the Applicant to meet him or his agent at the
proposed site.
(2) Make an on-site inspection of the proposed site accompanied by the
Applicant or his agent.
(3) Perform the following on-site functions:
(A) Make such soil tests as may be necessary.
(B} Perform such percolation tests as may be necessary.
(C) Prepare a drawing or drawings of the site to show the location of
all improvements presently existing on the site, giving the number of
bedrooms and the approximate square footage of the improvements.
When such drawing or drawings have been prepared by the Licensing
Authority they shall be submitted to the Applicant for his approval, which
approval shall be shown by the Applicant's signature on each drawing.
(D) If a commercial or institutional facility, the number and type of
fixtures in the existing or proposed facility.
(4) Evaluate the site suitability for an on-site sewage facility utilizing the
completed application form, the results of the on-site inspection, the Standazds,
the publication "Guide to Soil Suitability for On-Site Wastewater Systems for
Kerr County, Texas," (as set forth in Appendix II) and such other publications
or information deemed accurate and appropriate by the Licensing Authority.
16
6.04. ISSUANCE OF PERMIT TO CONSTRUCT.
(a) The Licensing Authority having completed the initial on-site inspection of the on-
site sewage facility site, shall then, within five (5) days after the date of the initial on-site
inspection, notify the Applicant, in writing, of its findings, and shall clearly spell out the
minimum construction requirements for the issuance of a construction permit. For good
cause, the Licensing Authority may extend this period for an additional five (5) days.
(b) Should the Licensing Authority determine that no construction permit can be
issued, it shall notify the Applicant of such fact within five (5) days after the date of his
initial on-site inspection. For good cause, the Licensing Authority may extend this
period for an additional five (5) days.The Applicant having been notified by the
Licensing Authority that no construction permit will be issued, shall have the right to
appeal such denial by following the procedure set forth in Chapter 3 of these Rules.
(c) A permit to construct shall expire six (6) months from the date of issuance unless
an inspection of the on-site sewage facility covered by the permit has been requested in
writing.
6.05. LICENSE TO OPERATE.
(a) Each new on-site sewage facility shall be inspected by the Licensing Authority
and approved as required or established by the Licensing Authority prior to the final
covering of the facility.
(1) The Applicant or installer shall notify the Licensing Authority that an
inspection is desired at least forty-eight (48) hours, excluding weekends and legal
holidays, prior to the need for inspection. The inspection shall be made on a date
and time mutually agreed on by the Applicant, installer, and Licensing Authority.
(2) No component of an on-site sewage facility shall be covered until
inspections and approval by the Licensing Authority have been made showing that
the installation, construction, alteration, repair, or extension complies with the
these Rules, the Standards, and such other special conditions as may be specified
in the permit or authorization.
(3) The Applicant or installer shall provide whatever reasonable assistance the
Licensing Authority requests in order to make the inspection.
(4) The owner, owner's representative, or occupant of the property on which
the installation is located shall give the Licensing Authority reasonable access to
the property at reasonable times to make necessary inspections.
17
(5) If inspections reveal deficiencies, an on-site sewage facility may not be
used until all deficiencies are corrected and the facility is reinspected and
approved.
(b) Within five (5) days after the required inspections, the Licensing Authority shall
make a finding on the issuance of a license, based upon the information obtained from
the inspections and any other information available to the Licensing Authority.
(1) Upon a finding that the use of the new on-site sewage facility will not
cause pollution, injury to the public health, or nuisance conditions and is in
compliance with these Rules and upon payment of appropriate fees, a license to
operate the facility shall be issued to the Applicant.
(2) Upon a finding that a license to operate cannot be issued, the Licensing
Authority shall so notify the Applicant in writing within five (5) days of that
finding and shall include the reasons for denying the issuance of a license. If
such a finding is issued, the Applicant shall have the right to appeal as provided
for in Chapter 3 of these Rules.
6.06. UNLICENSED ON-SITE SEWAGE FACILITIES.
(a) On-site sewage facilities that were in operation on March 22, 1988 that were not,
prior to that date, registered or licensed are not required to be licensed under these
Rules, provided the facility is not causing pollution, a threat to the public health, or
nuisance conditions, or has not, since the effective date of these rules, been altered,
repaired, or extended, without a permit or written authorization from the Licensing
Authority.
(b) If an unlicensed on-site sewage facility is causing pollution, a threat to the public
health, or nuisance conditions; or has been altered, repaired, or extended, after the
effective date of these Rules, without a permit or the written authorization of the
Licensing Authority; the Licensing Authority shall require that the facility be licensed in
accordance with these Rules and shat] undertake actions pursuant to Chapter 10 of these
Rules.
(c) Unlicensed on-site sewage facilities may be licensed under this chapter as
appropriate if it is shown by a thorough investigation by an experienced Registered
Professional Engineer,Registered Professional Sanitarian, or other personnel certified by
the Texas Water Commission, that the on-site sewage facility will not cause a nuisance,
pollution, or injury to public health and that such facility is in substantial compliance
with the Standazds.
18
6.07. TERMS OF LICENSES.
(a) Licenses to operate issued under the authority of these Rules shall be for an
indefinite period, so long as the facility remains in compliance with the Standards and
these Rules. A license shall be transferred to a succeeding owner upon the request of
either party to the sale so long as the transfer is in compliance with the Rules regarding
transfer, as set out in Chapter 8.
(b) Any license, permit, or other authorization issued under these Rules shall
automatically terminate if not properly amended, transferred, or authorized if:
(1) there is a subdivision of the property served by the on-site sewage facility;
(2) there is a sale of the property served by the on-site sewage facility;
(3) the property is used for a purpose other than that described in the original
application;
(4) the loading of the on-site sewage facility is increased beyond that stated
in the application;
(5) the facility fails; or
(6) for surface irrigation systems, failure to maintain a current and effective
maintenance agreement as required by § 5.04 and § 6.10 of these Rules.
6.08. SPECIAL REQUIREMENTS FOR INSTITUTIONS.
(a) An experienced Registered Professional Engineer, Registered Professional
Sanitarian, or other personnel certified by the Texas Water Commission, shall design all
on-site sewage facilities serving institutions which will discharge in excess of 500 gallons
per day of sewage. Said designs shall be made in accordance with these Rules, including
the Standards.
(b) Upon completion of the installation of on-site sewage facilities designed under
§ 6.08(a) above and prior to issuance of a license, an inspection report including an as
built drawing will be required by the person designing the facility, stating that the
installation has been inspected and has been installed in accordance with the design
drawings and specifications.
6.09. SPECIAL REQUIREMENTS FOR DESIGNED FACILITIES.
(a) Where the Standards require that a Registered Professional Engineer, Registered
Professional Sanitarian, or other person certified by the Texas Water Commission, design
19
an on-site sewage facility, said designs shall be made in accordance with these Rules,
including the Standards.
(b) Upon completion of the installation of on-site sewage facilities designed under
Sec. 6.09(a) above and prior to issuance of a license, an inspection report including as
built drawings will be required by the person designing the facility, stating that the
installation has been inspected by him and has been installed in accordance with the
design drawings and specifications.
6.10. SPECIAL REQUIREMENTS FOR SURFACE IRRIGATION SYSTEMS.
(a) No facility utilizing surface irrigation shall be granted a permit to operate unless
it is in compliance with the the requirements of the On-Site Surface Application of
Treated Wastewater policy attached hereto in Appendix III. In accordance with
Appendix III, no permit to operate will be issued without proof of a valid, binding, and
acceptable maintenance agreement with a valid maintenance company.
(b) An acceptable maintenance contract is a contract between the facility owner and
a valid maintenance company in which the company agrees to provide the inspections
required by these Rules, for system compliance with effluent standards. An acceptable
maintenance contract shall also authorize the maintenance company to operate, maintain,
and repair the facility as needed and that the costs of this service will be paid by the
facility's owner. It shall also require the company to provide copies of all maintenance
and repair records and inspection test results to the Licensing Authority within ten days
of the completion of the maintenance, repair, or test and such other doucumen[s andlor
reports as may be required by the Licensing Authority. The contract shall also require
the maintenance company to provide a true and correct copy of the maintenance
agreement to the Licensing Authority and to notify the Licensing Authority of the
termination or expiration of the contract no sooner than 60 days nor later than 30 days
prior to such termination or expiration.
(c) It is a condition of each operating permit granted for a facility that utilizes surface
irrigation that a maintenance contract, as described in (b) above, be in force and effect
throughout the life of the facility. The initial maintenance contract must have a term of
not less than two years. The operating permit for such a facility shall lapse if, at any
time, the facility is not covered by an acceptable maintenance agreement. This provision
does not require an owner of a facility to contract with the same maintenance company
for the life of the facility. Subsequent renewals may, therefore, be with any valid
maintenance company, provided that the new contract meets the minimum requirements
of this section.
(d) Effluent testing and reporting requirements shall be in accordance with Figure 2
of Appendix III, On-Site Application of Treated Wastewater, and shall be set forth on
the permit to operate.
20
(e) Prior to the issuance of a permit to operate, the owner of the site upon which a
facility utilizing surface imgation is located shall execute an affidavit to the public which
shall state, as a minimum, that the property shall not be transferred to the new owner
without:
(1) The new owner being advised that the property contains a surface
application system for wastewater disposal;
(2) The owner requesting a transfer of the operating permit to the new owner
within the times required by these Rules; and
(3) The new owner being advised that proof of a vailid, binding, and
acceptable maintence contract must be submitted to the Licensing Authority
before the facility may be used.
(A sample form affidavit is provided on page 17 of Appendix III)
(f) The Licensing Authority shall file the executed affidavit referred to in (e) above,
in the Deed Records of Kerr County, Texas. The filing fee shall be tendered to the
Licensing Authority by the owner prior to the issuance of the permit. This fee is in
addition to the permit fee.
21
CHAPTER 7
APPLICATION TO RECONSTRUCT,
ALTER, EXTEND, OR REPAIR
7.01. PERMIT REQUIRED.
A person desiring to reconstruct, alter, extend, or repair an on-site sewage facility,
licensed or unlicensed, shat] make an application to the Licensing Authority for a permit
therefor, and pay the proper fee, The fee is not refundable.
7.02. APPLICATION FOR PERMIT.
Upon application for a permit to reconstruct, alter, extend, or repair an on-site sewage
facility and the payment of the established fee, the Licensing Authority shall process such
application following the procedure and requirements of Chapter 6 of these Rules.
7.03. APPLICATION FOR A CURRENTLY LICENSED FACILITY.
If an application is for reconstruction, alteration, or extention of a currently licensed
facility, the Licensing Authority may waive such provisions of Chapter 6 of these Rules
to the extent deemed by it to be repetitive and(or unnecessary to the accomplishment of
the purpose of these Rules and may amend the existing operating permit to reflect the
proposed changes.
7.04. APPLICATION FOR AN UNLICENSED FACILITY.
If an application is for reconstruction, alteration, or extention of an unlicensed facility,
the provisions of Chapter 6 of these Rules shall govern and be followed. Such an
application shall be treated as an application for a new facility. If the resulting facility
is in substantial compliance with the Standards and theses Rules, the owner may be
issued a permit to operate, upon payment of the proper fee.
7.05. REPAIRS.
(a) A facility, whether licensed or unlicensed, shall be granted a permit to repair if:
(1) the repair is in compliance with the Standards and these Rules; and
(2) the entire facility, after the repair, can be operated without causing
pollution, threatening to cause pollution, causing nuisance conditions, or
threatening public health.
22
(b) If the repair is to an unlicensed system and the repair will result in a facility that
is in substantial compliance with the Standards and these Rules, a permit to operate shall
be issued, upon application and payment of the fee for a new facility.
7.06. EMERGENCY REPAIItS.
(a) Emergency repairs of a on-site sewage facility may be made by an installer
without a permit having been first obtained, provided however, such installer shall notify
the Licensing Authority by telephone or in person, of the specifics of such emergency
repair and the nature of the emergency condition, by the end of the first working day
after making such repairs.
(b) Emergency shall mean a sudden and unforeseeable failure of a on-site sewage
facility which creates a pressing necessity for its immediate repair to prevent the
pollution of the waters of this State or for the abatement of an immediate health hazazd
or nuisance.
(c) If the repair is not, in the opinion of the Licensing Authority, one which falls
within the category of normal, ordinary maintenance then in such event, the Licensing
Authority shall notify the Owner of such facility, in writing, that an application to the
Licensing Authority for a permit to make such repair will be required. If the owner
objects to the finding of the Licensing Authority, the owner may utilize the procedures
for appeal contained in Chapter 3 of these Rules.
7.07. VARIANCE.
The Licensing Authority or the commissioners' court may grant a variance from such
provisions of this Chapter, as deemed by it to be repetitive and/or unnecessary to the
accomplishment of the purpose of these Rules. Applications for a variance aze to be
made in accordance with the procedure set forth in § 3.01 of these Rules. No variance
may be granted which would result in a facility that does not substantially comply with
the Standards and policies of the Texas Water Commission.
23
CHAPTER 8
SALE OR TRANSFER INSPECTIONS
8.01. APPLICATION FOR REINSPECTION OR INITIAL INSPECTION.
A person desiring to sell or transfer land upon which is located an on-site sewage
facility, shall make application to the Licensing Authority for a reinspection of his on-site
sewage facility, if licensed, and for an initial inspection by the Licensing Authority if the
same is unlicensed.
8.02. INSPECTION AND PERMIT -LICENSED SYSTEMS.
(a) Upon the sale or transfer of lands upon which there is located an licensed or
existing on-site sewage facility, a transfer of the License to Operate shall be required.
(1) The holder of the operating license shall, within thirty (30) days prior to
the sale or transfer of the land, notify the Licensing Authority, in writing, of the
proposed sale and complete and submit an application for transfer of the operating
license of the on-site sewage facility, and pay the transfer fee.
(2) The Licensing Authority, upon receipt of such notice, the application for
transfer, and payment of the fee, shall, within five (5) days from the notice
received, contact the Applicant to arrange for an inspection of the facility. Such
inspection shall be based upon a list of inspection items prepared by the Licensing
Authority and promulgated on a form that shall be available to any interested
person and shall be provided to the Applicant prior to the inspection.
(3) The Applicant shall also be required to:
(A) Uncover the clean out/access ports to the treatment tank(s).
(B) Uncover the field line at a reasonable distance from the tanks; and
(C) Fill the tank with water to the overflow line 24 hours prior to the
inspection.
(4) The Applicant having prepared the site as provided for in (3) above, shall
notify the Licensing Authority that such facility is ready for inspection.
(b) The Licensing Authority may waive such provisions of Chapter 6 of these Rules
as deemed by it to be repetitive and/or unnecessary to the accomplishment of the
purposes of these Rules.
24
8.03. INSPECTION AND PERMIT -UNLICENSED FACILITIES.
(a) Upon the sale or transfer of lands upon which there is located an unlicensed on-
site sewage facility, a License to Operate, as provided for in Chapter 6 of these Rules,
will be required.
(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 is not in substantial
compliance with the Standards and/or these Rules, the Licensing Authority shall, within
five (5) days of the date of the most recent inspection, notify the Applicant, in writing,
of the 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 REQUIREMENTS.
(a) A license issued under the provisions of this chapter, whether an original license
or a transfer, shall contain the following language:
"On 19_, the final physical inspection of this facility was
made by , a
Based upon that limited inspection, the information provided by the Applicant, the
records of the Ken County Environmental Health Department, and the applicable Rules
and Standards, the Licensing Authority finds that the facility is in substantial compliance
with the minimum requirements of the Standards and Rules and that at the time of the
inspection(s) of the facility, there was no evidence that the facility was causing or
25
threatening to cause injury to the public health or nuisance conditions and was generally
functioning in a satisfactory manner.
THIS LICENSE IS BASED UPON A LIMITED INSPECTION AND IS NOT
A GUARANTEE OR WARRANTY THAT THE FACILITY WILL, IN FACT,
OPERATE OR FUNCTION PROPERLY FOR ANY PARTICULAR LENGTH OF
TIME. LATENT DEFECTS MAY EXIST WHICH WOULD RENDER THE SYSTEM
IN VIOLATION OF THE RULES AND/OR STANDARDS. FOR A MORE
DETAILED EVALUATION, YOU ARE ENCOURAGED TO CONTACT AN
EXPERIENCED REGISTERED PROFESSIONAL ENGINEER, REGISTERED
PROFESSIONAL SANITARIAN, OR OTHER PERSON CERTIFIED BY THE TEXAS
WATER COMMISSION.
Licensing Authority
26
CHAPTER 9
SUBDIVISIONS
9.01. LICENSING AUTHORITY RECOMMENDATIONS.
Any person creating or desiring to create a subdivision, including mobile home pazks,
recreational vehicle pazks, or multiple single residences located on a single undivided
tract of land that will utilize on-site sewage facilities, in whole or in part, must obtain
a recommendation from the Licensing Authority prior to submittal of the preliminary plat
for subdivision review and commencing construction (except for vegetation clearing) as
required by this chapter. No permit to construct or license to operate will be issued for
development in a subdivision that does not comply with applicable portions of the Rules
and the County Subdivision Regulations.
9.02. APPLICATION.
(a) An Applicant fora Licensing Authority recommendation shall submit an
application to the Licensing Authority containing information that is adequate to establish:
(1) That it is not feasible for the Applicant to provide sewer service to the
subdivision by means of an organized disposal system, and
(2) That on-site sewage facilities may be used in the specified subdivision
without causing or threatening to cause, individually or collectively pollution,
injury to the public health, or nuisance conditions. This information will include
as a minimum:
(A) A map or maps locating the subdivision relative to on and off-site:
(i) Water or water in the State,
(ii) Watersheds,
(iii) 100-year floodplain and floodway as established by the
Regulations for Floodplain Management, Kerr County, Texas,
(iv) Topography, with contours not greater than ten foot
intervals,
(v) Soil profiles, as classified by the Soil Survey of Ken
County, Texas. The publication "Guide to Soil Suitability for
On-Site Wastewater Systems for Kerr County, Texas," as set forth
27
in Appendix II, shall be used in determining the suitability and
appropriate on-site sewage facilities for each specific site,
(vi) Existing and proposed public water supply wells,
(vii) Existing and proposed organized disposal systems.
(B) An accurate plat of the subdivision that details the size and
intended use of each lot and that details roads and utility right-of-ways.
This plat shall show all areas of the subdivision where the groundwater
table is less than 8 feet below ground surface as it exists at the location of
each on-site sewage facility on proposed lots or tracts. This will include
an analysis by an experienced Professional Engineer, Geologist, Soil
Scientist, Registered Sanitarian, or other personnel certified by the Texas
Water Commission. The analysis should include soil percolation
potential, analysis for on-site sewage facilities, bedrock, and depth to
perched or seasonal groundwater tables. The publication "Guide to Soil
Suitability for On-Site Wastewater Systems for Kerr County, Texas," as
set forth in Appendix II, shall be used in determining the suitability and
appropriate on-site systems for each specific site. This information must
be presented to the Licensing Authority when the plat is submitted for
review. A statement of an adequate water supply source which will
provide water for the proposed subdivision must also be furnished. The
source can be an approved public water supply, or private water wells, if
an adequate potable aquifer is available.
(C) A list that specifies the type and maximum size (floor space,
bedrooms, seating, etc.) of the intended construction (residential,
industrial, commercial, etc.) that will be allowed on each lot as well as the
maximum number of persons that the structure is designed to accomodate.
For commercial or institutional structures, the number and type of fixtures
must be provided. Based on this list, the Applicant shall provide further
information to confirm that an on-site sewage facility that meets all of the
requirements of these Rules and the Standards can be constructed on each
lot.
(D) At the discretion of the Licensing Authority and in consideration
of the size and density of the proposed subdivision and other conditions
known to exist in the vicinity of the proposed subdivision, one or more
geological cross-sections may be required from the Applicant. These
cross-sections shall illustrate the geologic formations that make up the
subsurface below the subdivision down to the first aquifer that supplies,
or may be used to supply, drinking water in the area. These
cross-sections shall illustrate the primary dip and characteristics
28
(permeable, impermeable, water bearing, etc.) of each formation and the
elevation of any water table.
(b) The required fee shall accompany the application.
(c) No subdivision proposed for use of on-site sewage facilities will be approved or
recorded without the recommendation of [he 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
anon-site sewage facility. For multiple single-family residences located on a single
undivided tract of land, "lot size" will be determined by the Commissioners' Court based
upon soils present, density, spacing and any other factor which may adversely affect the
suitability of on-site sewage facilities.
29
(1) Steep slopes provide fewer suitable locations for a soil absorption unit and
may present increased danger of erosion and surface water infiltration of the soil
absorption unit, and increase the danger of surfacing effluent which may present
a health, pollution or nuisance problem.
(2) Soil type and geological structure may be marginal or unsatisfactory for
a number of reasons. The most important of these are:
(A) Impermeable layers of clay or rock near the surface.
(B) Fractures, caverns, or crevices in limestone formations increasing
the danger of contamination of underground water, if present.
(C) Highly permeable sand or gravel near water wells, streams, or
lakes.
(D) Areas having high or fluctuating water tables or seasonal springs.
(3) No part of an absorptive facility shall be installed within 75 feet of any
springs or spring-fed and/or normally flowing streams measured horizontally from
the bank.
(4) On-site sewage facilities shall not be located in the floodway of a
watercourse as defined by the Regulations for Floodplain Management, Ken
County, Texas.
(5) Lots shall be laid out where possible for connection to a future wastewater
collection facility.
(b) Lot Size Requirements:
(1) On-site sewage facilities for lots in subdivisions shall be approved by the
Licensing Authority subject to the following provisions:
(A) Lots served by a public water facility shall be a minimum of 1
acre.
(B) There are two (2) dedicated waste disposal areas under 15% slope
and suitable for use for an on-site sewage facility for the site conditions
present. The location of each area must be designated on the preliminary
plat.
(C) Lots served by individual water wells shall be a minimum of 2~h
acres.
30
(D) In calculating lot or tract sizes for purposes of determining
minimum acreage, easements, drainage ways, or right-of-ways adjacent
or through such tracts may be included within the calculation.
(2) Collective on-site sewage facilities shall be approved by the Licensing
Authority subject to the following provisions:
(A) The gross density of the subdivision shall not exceed 500 gallons
per day per dwelling units per acre. Such gross density shall be defined
as the total number of residential units divided by the total acreage within
the perimeter of the subdivision.
(B) Two (2) dedicated waste disposal areas of less than 15% slope,
shall be designated on the plat as suitable for use for the collective
wastewater disposal facility.
(3) Collective on-site sewage facilities for residential properties shall meet the
following additional requirements:
(A) Collective on-site sewage facilities shall only be approved for
condominium regimes, planned units developments, mobile home pazks,
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 azea shall be
located outside of the one hundred year floodplain.
(4) Special Requirements for Institutions. An experienced Registered
Professional Engineer, Registered Professional Sanitazian, or other person
certified by the Texas Water Commission, shall design all on-site sewage facilities
serving institutions including mobile home parks and recreational vehicle pazks.
Said designs shall be made in accordance with these Rules, including the
Standards. In non-residential subdivision involving business, commercial, and
industrial activities, each four hundred (400) gallons per day of sewage for such
institutions shall be equivalent to that of asingle-family unit. Lots shall be sized
in accordance with the Standards and these Rules except as described above.
31
9.04. NOTICE.
(a) Where an approved recommendation has been made and the subdivision is
recorded, a copy of the written recommendation with any conditions stated shall be filed
as a deed record for the subdivision lots or stated as a plat note.
(b) Any person, or his agents or assignees, desiring to create a subdivision, mobile
home pazk, or multiple single-family residences located on a single undivided tract of
land, that will utilize on-site sewage facilities, in whole or in part, and sell, lease, or rent
the lots therein shall inform in writing each prospective purchaser, lessee, or renter:
(1) That the subdivision is subject to all of the terms and conditions of these
Rules;
(2) That a permit to construct shall be required before an on-site sewage
facility can be constructed in the subdivision.
(3) That a license to operate shall be required for the operation of such a
on-site sewage facility.
(4) That an application for a subdivision with on-site sewage facilities has
been made and approved, including any restrictions placed on any such approval.
32
CHAPTER 10
ENFORCEMENT
10.01. INFORMAL.
(a) The Licensing Authority may routinely enter property for the purpose of
inspecting any on-site sewage facilities to assure continued compliance with these Rules.
(1) Prior to entry for a routine inspection, the Licensing Authority shall notify
the owner, as shown on the permit, that the facility will be inspected within the
next 30 days. The Licensing Authority shall notify management in residence, if
present, of his intent to inspect.
(b) The Licensing Authority shall inspect any on-site sewage facility that is
reasonably believed to be causing pollution, a threat to the public health, or nuisance
conditions, or to have been altered, repaired, or extended without complying with these
Rules, based on a creditable complaint or other information available to the Licensing
Authority, and may inspect any new or existing on-site sewage facility should the
conditions existing at the time of licensing be found to have changed. If upon such
inspection it is found that pollution, a threat to public health, or nuisance conditions is
occurring, or that an unpermitted alteration, repair, or extension was performed, the
Licensing Authority shall so notify the property owner or user of the on-site sewage
facility in writing and include what problems must be remedied in order to achieve
compliance, and set a reasonable amount of time to achieve compliance. The on-site
sewage facility shall be reinspected at the expiration of the allotted time.
(1) Where an inspection made under subsection (b) the Licensing Authority
need only notify management in residence, if present, of his present intent to
inspect. No prior notice is required.
(c) The property owner or user must take adequate measures as soon as practicable
to abate an immediate health hazard.
(1) If the facility is found to be compliant, a permit therefore may be issued
or the existing permit may be amended.
(2) If the facility is found to be noncompliant, appropriate enforcement shall
be taken.
33
10.02. CRIMINAL.
.Ol. TEXAS HEALTH AND SAFETY CODE, § 366.091
(a) A person commits an offense if the person operates as an installer unless the
person is registered by the appropriate agency of the State of Texas.
(b) A person commits an offense if the person begins to construct, alter, repair, or
extend an on-site sewage disposal system owned by another person before the owner of
the system obtains a permit to construct, alter, repair, or extend the on-site sewage
disposal system as required by these Rules.
(c) An emergency repair to an on-site sewage disposal system without a permit in
accordance with these Rules is not an offense under this section.
(d) An offense under this section is a misdemeanor punishable by a fine of not less
than $ 50 or more than $ 100 unless it is shown on the trial of the defendant that
thedefendant has previously been convicted of an offense under this chapter, in which
event the offense is punishable by:
(1) a fine of not less than $ 125 or more than $ 500;
(2) confinement in jail for not more than one month; or
(3) both fine and confinement.
(e) Each day of a continuing violation is a separate offense.
.02. TEXAS HEALTH AND SAFETY CODE, § 341.091
(a) A person commits an offense if the person violates Chapter 341 (Sanitation and
Environmental Quality) of the Health and Safety Code or a rule adopted under that
Chapter. An offense under this section is a misdemeanor punishable by a fine of not less
than $10 or more than $200. Each day of a continuing violation is a separate offense.
(b) If it is shown on the trial of the defendant that the defendant has been convicted
of an offense under these Rules within a year before the date on which the offense being
tried occurred. The defendant shall be punished by a fine of not less than $10 or more
than $1,000, confinement in jail nor not more than 30 days, or both.
(c) Each day of a continuing violation is a separate offense.
34
10.03. CIVIL.
(a) Suit for injunction may be brought by the authorised agent or the prosecuting
attorney to prevent or restrain a violation of these Rules. Texas Health and Safety Code,
§ 366.092 and § 3bb.93.
(b) Additional civil remedies and penalties may be available under § 341.092 of the
Texas Health and Safety Code where the conditions created by an on-site sewage facility
constitute a public health nuisance. In such a suit, the Texas Department of Health is
a necessary and indispensable party.
10.04. 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.
35
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
ON-SITE APPLICATION
OF
TREATED WASTEWATER
APPENDIX IV
ON-SITE SURFACE APPLICATION
OF
GREYWATER
APPENDIX V
LIST OF STATE-APPROVED
ON-SITE AEROBIC TREATMENT iJNIT5
APPENDIX VI
FEE SCHEDULE
osstn u. u.nr