' ~ ~ ~ 5/25/95 Fik Day AD. I~/~
P IC:F
'~ Coun ounty. texas
~- ~ By Deputy ~
,.*
RULES OF KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
CHAPTER 1
DEFINITIONS
The following words and terms including those found in the Standards, 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 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 Kett 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 to operate
under any previous rule, order, or resolution of Kerr 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/or
disposal capacities.
„,Y,„. .

5/25/95
"Feasible" -Capable of being done or carried out by a property 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 certified by the 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" -Means one or more
systems of treaatment devices and disposal facilities that:
(a) produce not more than 5,000 gallons of waste each day; and
(b) are used only for disposal of sewage produced on the site where the system is located.
"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 Natural Resource Conservation Commission.
"Owner" - A person who owns a building or property serviced by an on-site sewage facility.
"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.
z
5/25/95
"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 welfaze, 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 preparation, 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 Kerr County 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.
"Substantial Compliance" -Compliance with the essential requirements. If device will do the
same work in substantially same way, and accomplish substantially same results as required by these Rules.
"Water" or "Water in the State" -Groundwater percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries, mazshes, 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 non-navigable, and including the beds and banks of all
3

5/25/95
watercourses and bodies of surface water, that are wholly or partially inside or bordering the State or
inside the jurisdiction of the State.
"Workday" or Workingday" - A day on which work is accomplished excluding holidays and
weekends.
a
5/25/95
CHAPTER 2
ESTABLISHMENT AND GENERAL PROVISIONS
2.01. AUTHORITY.
These Rules are adopted by the Commissioners' Court of Kerr County, Texas, acting in its capacity
as the governing body of Ken County. Ken 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 Natural Resource Conservation Commission Rule and the aeeas within the
boundaries of the incorporated cites and towns of Kerr County
2.04. EFFECTIVE DATE.
These Rules shall become effective upon their approval by the Texas Natural Resource
Conservation Commission.
2.05. INCORPORATION BY REFERENCE.
(a) The Standards and all future amendments and revisions thereto are incorporated by
reference and aze 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 Natural Resource Conservation Commission on abatement or
prevention of pollution and the prevention of injury to the public health aze 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, words of recommendation or suggestion 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 Natural Resource Conservation Commission, the Order, Resolution, or Rule adopted by
the Texas Natural Resource Conservation 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
5/25/95
(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
5/25/95
CAAPTER 3
ADMINISTRATIVE PROVISIONS
3.01. EXCEPTION/VARIANCE
(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.
{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

5/25/95
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 VI. 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.
a
5/25/95
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 exercise such oversight as may be required 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 incutted 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 requirement of these Rules.
9
5/25/95
CHAPTER 5
LAWFUL DISCHARGES AND GENERAL REQUH2EMENTS
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 Natural Resource Conservation Commission.
(2) Sewage discharged into an on-site sewage facility designed, installed, licensed,
operated, and maintained in accordance with these Rules.
(3) Sewage discharged into an existing on-site sewage facility, licensed or unlicensed,
that was in use on January 1, 1981, that has not been altered, repaired, or extended since
the effective date of these Rules; that is operated and maintained in such a manner as not to
cause pollution, a threat to the public health, or nuisance condition and the property has not
changed ownership without an inspection as required by Chapter 8
5.02. REQUHiEMENTS.
(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.
(1) The following maintenance repair operations will not require a permit:
(A) Pump out Tank;
(B) Repair or replace internal fittings of tank;
(C) Roto-root drainfield lines to clear roots and sludge;
(D) Replace cracked lid of tank; and
(E) Replace a portion of a pipe which has been crushed, cracked, or root-bound.
(b) Only the person owning or having the right of possession and use of the pazcel of land upon
which a proposed on-site sewage facility is to be located or his agent, 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.
(1) Installation of clean-outs at the Inlet and Outlet of all primary and secondary tanks
in all types of systems aze required in addition to the regulations. (Does not include
Aerobic, pump or siphon tank outlets). Clean outs/inspection ports will be installed at or
neaz the end of each drainfield line (looped or unlooped). The Clean-outs/inspection ports
to
sizsivs
will be installed on all new construction or any alteration or extension to a system. The
Clean-outs/inspection ports will be installed so that the cap or plug will be at or neaz ground
level
(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 dischazged 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.
(1) In areas where soils are not suitable for conventional on-site sewage facility, effluent
from an alternative treatment unit may be discharged to the ground surface by irrigation 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 Natural Resource
Conservation Commission.
(z) 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 §6.10 of
these Rules.
(f) Off-site discharge of effluent is not permitted under any circumstances, except if the owner
designates his adjoining lot for wastewater disposal by filing for public record a plat designation,
deed reservation, or Affidavid to the Public.
(g) All discharge of efr7uent 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
Natural Resource Conservation 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 10 acres or larger in which the field line or sewage disposal line is not closer than 150
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 groundwaterand is constucted according to State Standards. A person who installs an
on-site sewage facility on a land tract that is 10 acres or larger shall, within 30 days of the
installation of the facility, notify the Licensing Authority of the installation, its location and shall
certify that the facility:
(1) Is located on a tract of land that is 10 acres or larger;
i~
5/25/95
(2) Is not closer than 150 feet to a property line;
(3) Is not closer than 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 10 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 10 acres or larger that contain more than one single-family residence are not exempt
from this chapter. Exceptions may be granted by the Licensing Authority based upon soils, density,
spacing, or any other relevant factor. Effluent from the on-site sewage disposal facility of a single-
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 an on-site
sewage facility on a lot or tract that is smaller than one (1) acre. Provided, however, an on-site
sewage facility may be permitted to be constructed on a lot smaller than one (1) acre, if it is
demonstrated by a thorough investigation, than 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 Natural Resource Conservation 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, Kerr 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.
tz
5/25/95
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 constmct, operate, reconstruct, alter, extend, or repair a
greywater system are governed by Chapter 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 REQUIREMENTS.
(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 are 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 Natural
Resource Conservation 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
S@5l9S
CHAPTER6
CONSTRUCTION AND OPERATION REQUIREMENTS
6.01. REQUIREMENTS 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 obtained 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. APPLICATION FOR PERMIT 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 definite 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 squaze feet in a proposed structure.
(5) For commercial sites and institutions, anticipated gallons per day of dischazge.
(6) The maximum number of persons that the existing or proposed structure is designed
to accommodate as well as the anticipated maximum number of persons that the existing or
proposed structure will actually accommodate.
(7) The application shall also include an acknowledgment by the Applicant that the
construction and operation of the facility, either existing or proposed is the sole
responsibility of the Applicant. Such acknowledgment shall be as follows:
"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
14
5/25!95
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 standazds, 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 Soi]
Scientist, Certified Professional Geologist, or other personnel certified by the Texas Natural
Resource Conservation Commission. Percolation tests shall be performed in accordance with the
Standards.
(c) The completed application and all additional information submitted shall not contain any
false information or conceal any material facts.
(d) A pending application for a permit to construct shall expire six (6) months from the date of
issuance unless construction of the on-site sewage facility covered by the permit has commenced.
is
5/25/95
A application for a permit to construct may be renewed at no additional cost, provided there are no
changes in the conditions under which the original application was issued.
(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 particulaz 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) Require the following on-site functions:
(A) Such soil tests as maybe necessary
(B) Such percolation tests as may be necessary.
(C) 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. If 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.
(4) Evaluate the site suitability for an on-site sewage facility utilizing the completed
application form, the results of the on-site inspection, the standards, and any publications or
information deemed accurate and appropriate by the Licensing Authority.
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) working 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) working days.
16
5/25/95
(b) Should the Licensing Authority determine that no construction permit can be issued, it shall
notify the Applicant of such fact within five (5) working 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) working 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. A
permit to construct may be renewed, at no additional cost, provided there are no changes in the
conditions under which the original permit was issued.
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 the inspection is
desired at -east 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 the Licensing Authority.
(2) No component of an on-site sewage facility shall be covered until the inspection and
approval by the Licensing Authority has been made showing that the installation,
construction, alteration, repair, or extension complies with these Rules, the Standazds, and
such other special conditions as may be specified in the permit or authorization.
(3) The licensed installer shall be present during inspection and 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.
(5) If the inspection reveals deficiencies, an on-site sewage facility may not be used until
all deficiencies are corrected and the facility is re-inspected and approved.
(b) Within five (5) working 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
i~
5/25/95
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) working 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 the effective date of these Rules, 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, is not a threat to the public health, or has not created
nuisance conditions.
(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 Natural Resource Conservation
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.
6.07. TERMS OF LICENSES.
(a) Licenses to operate issued under the authority of these Rules shall be for a period of 15
years, so long as the facility remains in compliance with the Standards and these Rules. After the
15 year expiration, a License to operate issued under the authority of these Rules shall remain in
effect provided the property does not sell and remains in compliance with the Standards and these
Rules. A license shall be transferred to a succeeding owner upon 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 after the 15 year
expiration of license.
~a
5/25/95
(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 Section 5.04 and Section 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 Natural Resource Conservation 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 Section
6.08(a) above and prior to issuance of a license, an inspection report including an as built drawing
will be submitted within fifteen (15) days by the person designing the facility, stating that the
installation 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 Sanitazian, or other person certified by the Texas Natural Resource Conservation
Commission, design 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 Section
6 09(a) above and prior to issuance of a license, an inspection report, including as built drawings,
will be submitted within fifteen (15) days by the person designing the facility, stating that the
installation 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 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
19
1
sasivs
Rules, for system compliance with eflluent standazds. 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 (10) days of the completion of the maintenance, repair, or test and such other
documents and/or 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 imgation
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 yeazs. 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) Effiuent 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.
(e) Prior to the issuance of a permit to operate, the owner of the site upon which a facility
utilizing surface irrigation 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;
(z) The owner requesting a transfer of the operating permit to the new owner within the
time required by these Rules; and
(3) The new owner being advised that proof of a valid, binding, and acceptable
maintenance 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.
zo
5/25/95
CHAPTER 7
APPLICATION TO RECONSTRUCT,
ALTER, EXTEND, OR REPAIR
7.01. PERMIT REQUIItED.
A person desiring to reconstruct, alter, extend, or repair an on-site sewage facility, licensed or
unlicensed, shall make an application to the Licensing Authority for a permit therefor, and pay the
proper fee. The fee is not refundable.
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 extension 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 extension 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 these 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 iŁ
(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.
(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.
21
5/25/95
7.06. EMERGENCY REPAIRS.
(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 hazard 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 of 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 are to be made in accordance with the
procedure set forth in Section 3 O1 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 Natural
Resource Conservation Commission.
22

5/25/95
CHAPTER 8
SALE OR TRANSFER INSPECTIONS
8.01. APPLICATION FOR REINSPECTION OR INITIAL INSPECTION.
(a) 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 inspection of his on-site sewage facility
under any of the following criteria.
(1) A license older than 15 years;
(2) An unlicensed Sewage Facility, or;
(3) A licensed facility that has obviously failed.
(b) 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 transfer of license to operate of his on-site
sewage facility under any of the following criteria.
(1) A license is less than 15 years;
(2) The property size is less than 10 acres; or
(3) A licensed facility that has not obviously failed.
8.02. INSPECTION AND PERMIT -LICENSED AND UNLICENSED SYSTEMS
(a) The holder of the operating license that is 15 years or older and/or the holder of an
operating license who has had an obvious system failure, prior to the sale or transfer of the land,
shall notify the Licensing Authority, and submit an application for inspection and new license to
operate.
(b) 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.
(c) The Licensing Authority, upon receipt of such notice, the application for inspection and
payment of the fees, shall, within five (5) working 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 which appear on a promulgated form which is attached hereto and which will be
available to any interested person prior to inspection.
(d) The Applicant shall also be required to
(1) Uncover the clean out/access ports to the treatment tank(s);
23

5/25/95
(2) Uncover the drainfield line at a the end of the line;
(3) Have the tank(s) pumped;
(4) Dig a six (6) foot deep soil profile within twenty (20) feet of the existing drainfield;
and
(5) If the system passes inspection, clean outs/inspection ports as required in chapter
5 02(c)(1) shall be installed.
(e) The Applicant having prepared the site as provided for in (d) above, shall notify the
Licensing Authority that such facility is ready for inspection.
(f) 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.
8.03. 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 minimum State Standazds 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 State Standards and/or or these Rules, the Licensing Authority shall, within
five (5) working 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
8.03(a).
8.04. 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
by
19~, the final physical inspection of this facility was made
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,
za
5/25/95
there was no evidence that the facility was causing or 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 NATURAL RESOURCE
CONSERVATION COMMISSION .
Licensing Authority
zs

5/25/95
CHAPTER 9
SUBDIVISIONS
9.01. LICENSING AUTHORITY RECOMMENDATIONS.
Any person creating or desiring to create a subdivision, including mobile home parks, recreational
vehicle parks, 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 for a 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-yeaz floodplain and floodway as established by the Regulations
for Floodplain Management, Kerr County, Texas;
(iv) Topography, with contours not greater than twenty (20) foot
intervals;
(v) Soil data from the USDA Soil Survey of Ken County;
(vi) Existing and proposed public water supply wells; and
(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
26
5/25!95
azeas of the subdivision where shallow groundwater is evident. 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.
(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 the 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 forwazded 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.
(z) 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 aze 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.
(z) 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 apre-requisite to
obtaining a permit or license.
9.03. LOT SIZES AND REQUIREMENTS.
(a) Minimum ]ot 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 an on-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.
z~
5/25/95
(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; and/or
(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, Kerr 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) Lots served by individual water wells shall be a minimum of 2 1/2 acres.
(C) 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 collective wastewater discharge of the subdivision shall not exceed 500
gallons per day per acre.
2s
5/25/95
(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 parks, 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
cleazly defined in the homeowners agreement or other legal documents issued by
such authority to residents.
(E} Proposed collective on-site sewage facilities shall be located outside the
floodway; provided that one-half (U2) of the disposal area shall be located outside of
the one hundred year floodplain.
(4) Special Requirements for Institutions. An experienced Registered Professional
Engineer, Registered Professional Sanitarian, or other person certified by the Texas Natural
Resource Conservation Commission, shall design all on-site sewage facilities serving
institutions including mobile home pazks and recreational vehicle parks. Said designs shall
be made in accordance with these Rules, including the Standazds. 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 a single-
family unit. Lots shall be sized in accordance with the Standards and these Rules except as
described above.
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 singly 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 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;
z9
5/25/95
(3) That a license to operate shall be required for the operation of such a on-site sewage
facility; and
(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.
30
5/25/95
CHAPTER 10
ENFORCEMENT
10.01. INFORMAL.
(a) The Licensing Authority may 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 written
complaint or other written 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 un-permitted 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 (a), the Licensing Authority shall notify
the occupant in residence of their intent to inspect.
(b) 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 shall be extended.
(2) If the facility is found to be noncompliant, appropriate enforcement shall be taken.
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 violates a rule adopted by the board under this
chapter or an order or resolution adopted by an authorized agent under Subchapter C in a county
that is contiguous to an international border.
(c) 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
Subchapter D
31

5/25/95
(d) An emergency repair to an on-site sewage disposal system without a permit in accordance
with the rules adopted under Section 366.012(a)(1)(C) is not an offense under this section if a
written statement describing the need for the repair is provided to the department or its authorized
agent not later than 72 hours after the repair has begun..
(e) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the
defendant that the defendant 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 $125.00 or more than $500.00;
(2) Confinement in jail for not more than one month; or
(3) both the fine and confinement.
(f) Each day of a continuing violation is a separate offense.
.02. TEXAS HEALTH AND SAFETY CODE, X341.091
(a) A person commits an offense if the person violates ibis chapter or a rule adopted under this
chapter An offense under this section is a misdemeanor punishable by a fine of not less than
$10.00 or more than $200.00
(b) If it is shown on the trial of the defendant that the defendant has been convicted of an
offense under this chapter 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 $10.00 or more than $1,000.00,
confinement in jail for not more than 30 days, or both.
(c) Each day of a continuing violation is a separate offense
10.03. CIVIL
(a) Suit for injunction may be brought by the Authorized Agent or the prosecuting attorney to
prevent or restrain a violation of these Rules. Texas Health and Safety Code, $366.092 and
X366.093.
(b) Additional civil remedies and penalties may be available under X341.092 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
32
5/25/95
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.
33