....
COMMISSIONERS' COURT AGENDA R~.~UEST
~~~~~
'PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Robert A. Denson OFFICE: County Judge
MEETING DATE: February 26, 1996 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Amendments to Kerr County Rules and RegLulations for On-Site Sewerage
Facilities.
EXECUTIVE SESSION REQUESTED: {PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF P$RSON ADDRESSING THE COURT: County Judge
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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 you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court. ~~So ~ a0~--
atatd R ~
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GUADALUPE COMPANIES ~~~~~~~~~~~~~~~~~~
SURVEYING 8 SEPTIC SYSTEMS • 217A WEST WATER STREET • KERRVILLE, TEXAS 78028 • Telephone (210) 895-1808 • Fax (210) 895534
February 20,1996
Judge Bob Denson
Kerr County Courthouse
Kerrville, Texas 78028
RE: Amendments to Chapter 8 of the Rules and Regulations for On-Site
Sewerage Facilities.
Dear Judge Denson,
Attached is a copy of the amendments to Chapter 8 as proposed by the septic
system committee. Major changes from the existing rules include:
Transfer of a license of an existing licensed system will require only a surface
inspection and that the tank be pumped out or proof that it has been pumped
out in the last three years.
The process for performing inspections for unlicensed systems is further
defined and provisions are made for installation of devises which will easily
facilitate future inspections.
Also attached is background information provided by Lane Wolters which puts in
writing why the committee was motivated to recommend changes. Please note
that the committee is suggesting that the amendments to Chapter 8 may not
need TNRCC review and concurrence. The rationale for this line of thinking is
stated by statement 2 of the just mentioned background information. From my
discussions with Ken Graber of TNRCC,I do not think he agrees with us, and
expressed interest in reviewing our proposed amendments. He also stated,
unless we define the term substantial compliance, they would not likely approve
the amendment. The majority of this committee has not shown an interest in
qualitatively or quantitatively defining this term. Whether TNRCC has legal
grounds to insist on approval of this Chapter when their Model Order addresses
neither sale or transfer inspections nor defines substantial compliance, I do not
know.
The purpose of the amendments has the consensus of the committee while the
exact wording was refined by David Litke with my concurrence to more clearly
define the chronological steps required by the public and the Health Department
during the inspection process.
With your concurrence, please place on the agenda for the February 26 meeting
consideration to adopt the proposed amendments as submitted.
Charles Digges, irman
Septic System Committee
cc David Litke
All committee members
Lane Wolters
Jim Brown, UGRA
BACKGROUND INFORMATION FOR PROPOSED AMENDMENT TO
CHAPTER 8
SALE OR TRANSFER INSPECTIONS
1. Ezisting S•.ction 8.05 (page 25-26) concerning transfer licenses say the license is based
upon a limited inspection and goes on to disclaim any implied warranties, guarantees etc.
associated with the inspection process.
2. The entire contents of Chapter 8 (Sale Or Transfer Inspectigps) is not adc~ fessed by the
TNRCC Model order. Therefore, amendments to this chapter are not subject to review
by TNRCC. Amendments can be made at any time to be effective immediately upon
adoption and can even be retroactive to include pending applications.
3. Everyone that has purchased a permit and abided by the Kerr,,County Rules and
Regulations for OSSF's since February of 1981 bas made a "good faith" effort to abide by
the Rules. Licenses to operate Gave always been (and still are; page 19) issued for an
indefinite period, the problem is that the ne:t phrase of 6.07 says "so long as the facility
remains in compliance with the Standards and the Rules." Unfortunately, this implies that
any changes in the Standards could, if strictly enforced, cause the termination otlicenses
issued prior to the changes. And that is ezactly what the current Health Department staff
is doing. For eiample: If a license to operate an OSSF fora 3 bedroom house was issued in
1982 by UGRA under the 1976 State Construction Standards; only a single compartment
septic tank would have been required. However, the same 3 bedroom house licensed after
the 1988 revisions to the State Construction Standards would have to have a 1000 gallon
hvo compartment septic tank. This difference alone could be used by the Health Department
to "fail" an OSSF inspected in 199b.
4. Adoption of the proposed amendment to Chapter 8.02 and direction to Health
Department Staff that the Courts interpretation of 6.07 "remains in compliance with the
Standards and the Rules" means that the OSSF is not causing an obvious problem with
pollution or nuisance conditions; will allow a very limited inspection of the licensed systems
which does not overburden the property owner who acted in good faith when he was
issued the OSSF license. The problem phrase "remains in compliance" can be revised
during the neat amendment process.
5. OSSF's that were installed prior to the County licensing requirements administered by
UGRA and the County or were "bootlegged" without a license should adhere to the
policies set forth in Section 6.Ob and 8.03 of the Rules for Unlicensed Systems.
~ ~~~
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KERR COUNTY COMMISSIONERS COURT ORDER NO.
AMENDMENT TO
CHAPTER 8
SALE OR TRANSFER INSPECTIONS
RULES & REGULATIONS OF KERR COUNTY FOR ON-SITE SEWAGE FACILITIES
(OCT. 1,1992)
8.01. APPLICATION FOR REINSPECTION OR INITIAL INSPECTION.
A person desiring to sell or transfer land upon which an on-site sewage facility (OSSF) is located
shall make application to the Licensing Authority for an inspection by the Licensing Authority if
the OSSF is unlicensed and/or for reinspection of the OSSF if it is licensed.
8.02. INSPECTION AND PERMIT -LICENSED AND UNLICENSED SYSTEMS.
(a) Upon the sale or transfer of lands upon which a licensed on-site sewage facility is located, a
transfer of the License to Operate shall be required.
(1) The holder of the operating license shall notify the Licensing Authority in
writing of the proposed sale no less than twenty (20) days prior to the sale or
transfer of the land; complete and submit an application for transfer of the
operating license of the on-site sewage facility; and pay the transfer fee.
(2) The Applicant shall also be required to:
(A) Provide the Licensing Authority written proof that the septic tanks(s)
have been pumped and cleaned within the past three (3) years by a
licensed septic tank pumper or have the tank(s) pumped at the tune of
inspection.
(B) For surface irrigation systems, provide the Licensing Authority with a
current and effective maintenance agreement as required by Section 6.10
of these Rules.
(C) Call when ready for inspection.
(3) The Licensing Authority shall perform the inspection within five (5) days
from the date the notice and the application for transfer are received and payment
of the fee and the call for inspection are made. Such inspection shall be limned to
surface features of the property in the area of the septic tank(s) or treatment
tank(s) and drainfield or disposal area. The inspection shall be for the purpose of
identifying any obvious and present causes of pollution or nuisance conditions
caused by the OSSF.
(b) Upon the sale or transfer of lands upon which there is an unlicensed on-site sewage facility,
a License to Operate as provided for in Chapter 6 of these Rules will be required.
(1) The owner of said property shall notify the Licensing Authority in writing of
the proposed sale no less than thirty (30) days prior to the sale or transfer of said
property; complete an application for the inspection and licensing of the on-site
sewage facility; and pay the inspection fee.
(2) Upon receipt of such notice, a completed application for inspection, payment
of fees, and the preparation of the site for inspection in accordance with
8.02(b)(2)(A)1. through 4 of this Chapter, the Licensing Authority shall perform
the on-site inspection within five (5) working days from the date the notice is
received.
(A) The Applicant shall be required to:
1. Uncover the inlet and outlet and clean-out/access ports of
the treatment tank(s);
2. Uncover the drainfield at its' point or points of termination;
3. Have the tank(s) pumped at the time of inspection;
4. Dig asix-foot deep soil profile within fifteen (15) feet of the
existing drainfield.
5. If the facility passes inspection, clean-outs shall be installed
at the inlet and outlet of all primary and secondary tanks. This
does not include outlets for aerobic tanks and pump tanks.
Clean-outs/inspection ports shall be installed at or near the end
of each drainfield line. The clean-out ports will be installed so
that the threaded plug will be at or near grade.
(c) The Applicant having prepared the site as stated herein shall notify the Licensing Authority
that the facility is ready for inspection.
(d) 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.
(e) Exemptions: Any single family residence sewage facility which is on a single tract
encompassing 25 or more acres shall be exempt from Chapter 8 of these Rules providing written
approval has been received from the Licensing Authority that the conditions have been fully met
for exemptions as detailed in Section 5.02(i),(j) and (k) 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 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 State Standards and/or these Rules, the Licensing authority shall notify the
Applicant in writing of the violation within five (5) working days of the date of the most recent
inspection 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 has been made to comply with these Rules,
the Licensing Authority shall issue the Applicant an Operating License as provided for in Section
8.03(a).
8.04. LICENSE REQUIREMENTS.
A license issued under the provisions of this chapter, whether an original license or a transfer,
shall contain the following language:
"On the day of , 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 threatening to
cause injury to the public health, pollution or nuisance conditions
and was generally functioning in a satisfactory manner.
THIS LICENSE IS BASED UPON A LIlVIITED INSPECTION AND IS NOT A
GUARANTEE OR WARRANTY THAT THE FACILITY WILL, IN FACT, OPERATE OR
FUNCTION PROPERLY FOR ANY PARTICULAR LENGTH OF TIlVIE. LATENT DEFECTS
MAY EXIST WHICH WOULD RENDER THE SYSTEM IN VIOLATION OF THE RULES
AND/OR STANDARDS. FOR A MORE DETAII,ED EVALUATION, YOU ARE
ENCOURAGED TO CONTACT AN EXPERIENCED REGISTERED PROFESSIONAL
ENGINEER, REGISTERED PROFESSIONAL SANTTARIAN, OR OTHER PERSON
CERTIFIED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION.
Licensing Authority