I I F_ h1 Iyl O. c. c
~Ga~ ~3 a ~
Req+_~est for^ clay^ification of war^ding in Sec. 8.~-1 of the f',er-•r
t~o+_inty R+_tles and Reg+_ilations for on-site sewage facilities.
~i~he recommendation was given of making inspections only an
property that has been deeded and not on contracts of sales.
To change the wor^ding in the r+_iles and r^eg+_~].ations we wo+_ild
have to go track to the ~3tate and get approval fr^om them.
This is only a dir-~ection that may ae dane in order-• to clarify
section £3.~1 of the r+_~les and reg+_+lations for an~-site sewage
facilities.
COMM I SS I oNERS~ COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY TH COURT
MADE BY: ~~ ~ •~~~ ~` ~~`-'~
MEETING DATE: C.~ ~~ •~~~ _i ~~
OFFICE: ,~,~' ~'~ ~~~~ ~~
TIME PREFERRED:
SUBJECT: (PLEASE 8E SPECIFIC) ~-~<<>~ r `~~'~~-~ti~ ~"~ `~'?~~`~"`~=
EXECUTIVE SESSION REQUESTED: YES NO _~~_._
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: ~ L' '~'~' ~ ~~' v ~`'
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT. _~
Time for submttting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on Monday: 12:00 R.M. previous Wednesday
THIS REQUEST RECEIVED BY:
THES REQUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Otflce to determine it
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.
KERR COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
101 Spur 100
°~e, °c `` Kerrville, Tezae 78028
(5121896-5101
MEMORANDUM
T0: Commissioners Court
FROM: David Litke
DATE: June 4, 1993
SUBJECT: Clarification of when inspections are required for on-site sewage
facilities when property is sold
Section 8.01 of the Rules and Regulations of Kerr County, Texas for On-site
Sewage Facilities:
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.
Questions have been asked as to when are inspections required under certain real
estate transactions. In particular, contracts for deeds or lease/purchase
options where the final transfer and recording documents of the sale occurs at
a later date when final payments are complete.
The word transfer in section 8.01 indicates that regardless of the instrument
used to sell or convey property when the agreement is signed then the on-site
sewage facility is to be inspected.
While ane may argue that the new owners do not have full title until the last
payment and detail of the agreement is complete, they do have full use and
occupance of the property similar to ownership.
On the other hand, if the agreement is not completed the property reverts back
to the original owner. Either viewpoint has its merits.
Please determine which viewpoint should be used for enforcement of Chapter 8.
I've enclosed a copy of an actual agreement and contract as an example for
discussion purposes.
egg
cc County Attorney
® RBCyCIBtl PapBr
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Seotion Tr-o, A Subdivision of record in Volwme ~, page X91,	,'
Plat Records of Kerr Qounty,. Texas,. to which instrument and	
its a Reoord Roferenos le Here M~sdo for o.ll purpvges.	:'
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CHAPTER 8
SALE OR TRANSFER INSPECTIONS
8.01. APPLICATION FOR REIN5PECTION 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 tanks}.
(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 Kerr 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
DRDER ND. `148E
AF'F'ROVAL_ OF DF_SIGNATION OF FUNDS AND
LINE ITEM TRANSFERS IN THE IiERR COUNTY
ENVIRUMENI"f=1L HEALTH DEPARTMENT
Dn this the 18th day of J~_~ne 19`3,, ~_~pon motion made by
Commissioner^ Holekamp, seconded by Commissioner Oehler^, the
Co~_ir^t unani~ously approved by a vote of 4-0-0, to allow t'.er^r^
Co~_inty Envir^omental Health Depar^tment to tr^ansfer^ ~~, X58. ~~-
fr^om Line Item No. 10-64+~-57+x, Capital O~.~tlay for^
constr^~_iction and installation of ser^vice co~_inter^, blinds,
files, eq~.iipment per prior^ approval of Commissioners' Co~_~rt,
L41th the electrical circ~_iit for comp~_~~ter and copier to be
separate.
KERR COUNTY
~. ENVIRONMENTAL HEALTH DEPARTMENT
101 Spur 100
°~~,~ °~ ~-°`~ Kerrville, Tezas 78028
15121896-5101
MEMO
T0: Commissioners Court
FROM: David Litke ~,,~„~
Date: June 1i, 1993
SUBJECT: Designation of funds in department capital outlay budget
The designated purchases of equipment for capital outlay in line item #10-640-570
have been completed. Approximately $2,038.00 remain.
Permission is requested to designate this remaining balance to the following:
1. Copier lease, $592 (4 months at $148 per month) line item #10-640-461.
2. Operating expense, $150 for miscellaneous items, line item #10-640-330.
3. Construction and installation of service counter.
4. Installation of separate electric circuits one each for copier and
computer. Currently copier causes excessive and very noticeable
flickering of lights. Copier and computer cannot be on same circuit.
5. Purchase of storage units for (1) files, (2) supplies, (3) equipment.
6. Purchase of window blinds to reduce heat and glare in front area of
office.
7. Wall divider.
~ ~ydae P~e~