AF'PR~VA.I., (~F' C,RANTIN'~ ]~;Xt'FPTION `I'() THEE. R(JI,E~,
ANU RE?t";TTI_,A`I'L ONE oN }~,E'"PT t~ S `.~TF,Nt`-.
t?n fihi.; tl'iE=- :??.r~,i cl,:iy :~f ?~I~~ri't, 1~3'?~4; iri~,-,n mot: i_r,~n rn~~t~1c: E~y
f'"or(ir[Li_,;.`:lOTtf'1" C~P~"i~.P]"', :;r°COr).C~E'iE r)y CcJTTtrrl_L:i LonCit" 1.,F'rtrticaTi, 'tE1<,
t'ouT: ~: unanimously approved by a vote of 4-0-0, tc> ui~~rat an
exr.r.};t ior~ tc: thi~ rna.o:; r~rir~ t-c;:~ul.::~i-:i.ons rc~g~tclirtg f,c=~rtic;.
:;y:;t. <<:rn.°, a t J ow i nq t:h~:~ :,~='~~t::i r_ :;y:;t: c'=rrl t.c~ t'c:m,:is. n ~z:; i .; for Nr . W.
S. E3owciF~n ~~t i~ot~ '7., i-, TIZr~ R~~v.i_nc~.
COMMISSIONERS' COURT AGENDA REQUEST
• PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUM NTS
TO BE REVIEWED BY THE COURT.
MADE BY:
OFFICE:
MEETIyG DATE: ~-~ '~L~ r~ TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): ~~`C~PT/~~/ ~`~Q©//1 Tt~~ /S~t`~~s" TO ALL~c~/
E~xST/.~1 G Sam= ~T~G -S" ysi ,Ei~To ,¢'~ NJ.9`.c.~ ~S' i S p ~ ~ ~,C7 /-~ ~.~l/~ -~
.o'
EXECUTIVE SESSION REQUESTED: PLEASE STATE REASON
ESTIMATED LENGTH OF PRESENTATION: -S/``~t~
IF PERSONNEL MATTER -NAME OF EMPLOYEE: /
NAME OF PERSON ADDRESSING THE COURT: ~~ ~'~~~~/ ~GG~~A ~
Time for submitting this request for Court to assure that the matter is posted 1n
accordance with Article 6252-17 is as follows:
• Meetings held on Tuesday:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
12:00 P. M. previous Wednesday

All Agenda Requests will be screened by the County Judge's Office to determine if
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.
~E ~ KERR COUNTY
a ENVIRONMENTAL HEALTH DEPARTMENT
~ ~ 4000 San Antonio Hwy.
~`~r of ``¢~ Kerrville, Texas 78028
(210) 896-5101
TO: COMMISSIONERS COURT
FROM: DAVID LTTKE ~,~~
SUBJECT: Appeal from Mr. William Bowden concerning this existing septic system located at
The Ravine subdivision Lot 21, #21 Ravine Road, Ingram, Texas.
_Vir. Bowden requests an exception from the Rules to allow his septic system to remain as is or add
a small amount of drainfield.
Mr. Bowden has just purchased the property, January 14, 1994, and tried to voluntarily license the
facility under sec. 6.06(c) enclosed.
The site investigation showed some corrections were needed. The soils were reported as having a
gravel layer too close to the drainfield resulting in too fast of percolation without retention for
treatment.
I have turned down Mr. Bowdens request to keep the existing system as is based on
1) Soil conditions presented as not suitable far a conventional drainfield, that is there is
not a minimum of 2 feet of soil below trench bottom for treatment.
2} Whether or not it is feasible to add to the trench to meet minimum trench size, depths,
construction standards, and minimum set-back distances
y~ Recycled Paper
#-S~-~G~
(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 ZZ, 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 shall 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 Standards.
18
CHAPTER 3
ADMINISTRATIVE PROVISIONS
3.01. EXCEPTION.
(a) Where a particular situation is not covered by these Rules or an interpretation of
these Rules is required, the Licensing Authority shall make a written finding or
interpretation subject to appeal to the Commissioners' Court as provided for in this
chapter.
(b) A person desiring an exception to any requirement of these Rules shall file a
written request with the Licensing Authority stating:
(1) The nature of the exception requested;
(2) The reason that justifies the granting of the exception; and
(3) Any information that the Licensing Authority reasonably requests.
(c) Within ten (10) days after the receipt of said request, the Licensing Authority
shall review the request and reply to the Applicant,in writing, either granting or denying
the request. If the request is denied, the Licensing Authority shall include the reasons
for denial in the reply.
3.02. APPEAL.
(a) Any person aggrieved by an action or decision of the Licensing Authority made
hereunder may, within fifteen (15) days of the date of the document giving notice of the
action or decision, or within thirty (30) days of the action or decision, if no document
is given, appeal to the Commissioners' Court.
(b) The appeal shall be initiated by filing an original and six copies of the written
objection with the County Judge. The written objection shall state what the complainant
believes the action or decision of the Licensing Authority should have been and the
reasons therefor. A copy of the document containing the notice of the complained-of
action or decision, or a written statement of the complained-of action or decision, if no
document was given, shall be attached to the written objection.
(c) When an objection is filed, the County Judge shall place the matter on the Agenda
of the Commissioners' Court for review at the next meeting of the Commissioners'
Court, that is at least ten (10) days after the date of the filing of the objection. The
County Judge shall forward a copy of the objection to the Licensing Authority and notify
the Licensing Authority and the complainant of the date that the matter will be heard.
7
(d) The Commissioners' Court shall review the matter and consider such information
and evidence that the Commissioners' Court may deem relevant and that may be offered
by the Licensing Authority or the complainant. The Commissioners' Court shall either
affirm, reverse, or modify the action or decision of the Licensing Authority.
(e) Upon the submission of a completed application for any permit or other
authorization contemplated by these Rules, the applicant shall be informed of his right
to appeal and shall be provided with a copy of sections 3.02 and 3.03 of these Rules.
3.03. NOTICE.
Any notice required to be given pursuant to these Rules shall be considered given by
depositing same in the U. S. Mail, postage prepaid, and addressed in accordance with
the information given by an Applicant or complainant.
3.04. FEES.
To defray the reasonable cost of administering these Rules, the Licensing Authority shall
require fees to be paid in accordance with the schedule established from time to time by
the Commissioners' Court. A list of fees currently in force is attached hereto as
Appendix 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 are not
refundable.
8