COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Larry Griffin
OFFICE: Commissioner, Precinct 4
MEETING DATE: January S, 200r TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss regulation of On-Site Sewage Facilities in Kerr County including statutory
and regulatory responsibilities and processes.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Larry Griffin
Time for submitting this request for Court to assure that the matter is posted in accordance with Title
5, Chapter S51 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to deternvne if adequate information has
been prepazed 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 eazliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court.
AN OSSF REGULATION ROADMAP
TEXAS LEG/SLATURE
Health ~ Safety Code -Chapter 366
TNRCC
TNRCC Rule -Chapter 285
Agent Designation Order
~,
COMMISSIONERS COURT
On-Site Waste Disposal Order
Authorized Anent of TNRCC
For Implementation and Enforcement of
the TNRCC & Kerr County Rules
Amendments andlor Changes to Kerr
County Rules
Order Appointing a
Designated Representative
~`<::', TEXAS HEALTH & SAFETY CODE
CHAPTER 366. ON-SITE SEWAGE DISPOSAL SYSTEMS
SUBCHAPTER A. GENERAL PROVISIONS
§ 366.001. Policy and Purpose
It is the public policy of this state and the purpose of this chapter to:
(1) eliminate and prevent health hazards by regulating and properly planning the location,
design, construction, installation, operation, and maintenance of on-site sewage disposal
systems;
(2) authorize the commission or authorized agent to impose and collect a permit fee for:
(A) construction, installation, alteration, repair, or extension of on-site sewage disposal
systems; and
(B) tests, designs, and inspections of those systems;
(3) authorize the commission or authorized agent to impose a penalty for a violation of this
chapter or a rule adopted under this chapter;
(4) require an on-site sewage disposal system installer to register with the commission; and
(5) allow the individual owner of a disposal system to install and repair the system in
accordance with this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.002. Definitions
In this chapter:
(1) "Authorized agent" means a local governmental entity authorized by the commission to
implement and enforce rules under this chapter.
(2) "Commission" means the Texas Natural Resource Conservation Commission.
(3) "Designated representative" means a person who is designated by the commission or
authorized agent to make percolation tests, system designs, and inspections subject to the
commission's approval.
(4) "Installer" means a person who is compensated by another to construct, install, alter, or
repair an on-site sewage disposal system.
Page 1 of 17
(5) "Local governmental entity" means a municipality, county, river authority, or special
district, including an underground water district, soil and water conservation district, or public
health district.
(6) "Nuisance" means:
(A) sewage, human excreta, or other organic waste discharged or exposed in a manner that
makes it a potential instrument or medium in the transmission of disease to or between persons;
or
(B) an overflowing septic tank or similar device, including surface discharge from or
groundwater contamination by a component of an on-site sewage disposal system, or a blatant
discharge from an on-site sewage disposal system.
(7) "On-site sewage disposal system" means one or more systems of treatment 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 a site on which any part of the system
is located.
(8) "Owner' means a person who owns a building or other property served by an on-site
sewage disposal system.
(9) "Sewage" means waste that:
(A) is primarily organic and biodegradable or decomposable; and
(B) generally originates as human, animal, or plant waste from certain activities, including the
use of toilet facilities, washing, bathing, and preparing food.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, § 1.038, eff. Aug. 12, 1991.
Amended by Acts 1993, 73rd Leg., ch. 589, §§ 1 to 3, eff. Aug. 30, 1993; Acts 1995, 74th Leg.,
ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1127, § 1, eff. Sept. 1, 1997.
§ 366.003. Immunity
The commission, an authorized agent, or a designated representative is not liable for
damages resulting from the commission's or authorized agent's approval of the installation and
operation of an on-site sewage disposal system.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
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Page 2 of 17
§ 366.004. Compliance Required
r~=~ .
A person may not construct, alter, repair, or extend, or cause to be constructed, altered,
repaired, or extended, an on-site sewage disposal system that does not comply with this
chapter and applicable rules.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.005. Notice of Utility Service Connections
(a) An electric utility shall compile a list weekly for each county in this state of the addresses
located in an unincorporated area of the county at which the electric utility has made new
electric service connections during the preceding week. The electric utility shall submit the list to
the county judge of the county, or to a county officer or employee designated by the county
judge, who shall forvvard the list to each authorized agent having jurisdiction over an area in
which an address on the list is included. The authorized agent may use the list for the purpose
of implementing and enforcing rules under this chapter. This section does not apply to a
reconnection of service to a location previously served.
(b) An electric utility may not be held liable for a claim arising from the provision of
information under this section.
C (c) Information provided by a utility under this section is confidential and not subject to
disclosure under Chapter 552, Government Code, or otherwise, except as provided by this
section.
(d) The county judge shall forward the list compiled under Subsection (a) to each appraisal
district and each emergency communication district in the county.
(e) In this section:
(1) "Appraisal district" means a district established under Section 6.01, Tax Code.
(2) "Electric utility" means an investor-owned utility, electric cooperative corporation, river
authority, or municipally owned utility that provides distribution service to retail customers of
electricity.
(3) "Emergency communication district" means a district established under Chapter 772.
Added by Acts 1997, 75th Leg., ch. 1127, § 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th
Leg., ch. 15, § 1, eff. May 3, 1999; Acts 1999, 76th Leg., ch. 333, § 1, eff. Sept. 1, 1999.
Page 3 of 17
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION AND AUTHORIZED
AGENTS ;F;
~~~: ,Y
§ 366.011. General Supervision and Authority
The commission or authorized agents:
(1) have general authority over the location, design, construction, installation, and proper
functioning of on-site sewage disposal systems; and
(2) shall administer this chapter and the rules adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.012. Rules Concerning On~ite Sewage Disposal Systems
(a) To assure the effective and efficient administration of this chapter, the commission shall:
(1) adopt rules governing the installation of on-site sewage disposal systems, including rules
concerning the:
(A) review and approval of on-site sewage disposal systems;
(B) registration of installers; and
(C) temporary waiver of a permit for an emergency repair; and
(2) adopt rules under this chapter that encourage the use of economically feasible alternative
techniques and technologies for on-site sewage disposal systems that can be used in soils not
suitable for conventional on-site sewage disposal.
(b) In rules adopted under this chapter, the commission shall include definitions and detailed
descriptions of good management practices and procedures for the construction of on-site
sewage disposal systems that:
(1) justrfy variation infield size or in other standard requirements;
(2) promote the use of good management practices or procedures in the construction of on-
site sewage disposal systems;
(3) require the use of one or more specific management practices or procedures as a
condition of approval of a standard on-site sewage disposal system if, in the opinion of the
commission or authorized agent, site conditions or other problems require the use of additional
management practices or procedures to ensure the proper operation of an on-site sewage
disposal system; and
(4) make available general, operational information to the public.
-.
Page 4 of 17
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
~';``:~~
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.013. Training Program
(a) The commission shall establish a training program specifically developed for installers,
authorized agents, and designated representatives.
(b) The commission may charge a program participant a reasonable fee to cover the cost of
the training.
(c) Fees collected under this section shall be deposited to the credit of the commission
occupational licensing account.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 333, § 58, eff. Sept. 1, 1997.
§ 366.014. Designated Representative
(a) The commission or an authorized agent may designate a person to make percolation
tests, systems designs, and inspections subject to the approval of the commission.
(b) To qualify as a designated representative, aperson must:
(1) demonstrate to the commission's satisfaction the person's competency to make
percolation tests, designs, and inspections for on-site sewage disposal systems in accordance
with this chapter and rules adopted under this chapter;
(2) successfully complete the training program provided by the commission;
(3) successfully pass an examination provided by the commission;
(4) receive written certification from the commission; and
(5) pay a reasonable fee to the commission for administration of this training and
certification.
(c) Fees collected under this section shall be deposited to the credit of the commission
occupational licensing account.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 589, § 4, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch.
76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, § 59, eff. Sept. 1, 1997.
Page 5 of 17
§ 366.016. Emergency Orders
,~~
The commission or authorized agent may issue an emergency order concerning an on-site
sewage disposal system under Section 5.517, Water Code.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 1072, § 38, eff. Sept. 1, 1997.
§ 366.017. Required Repairs; Penalty
(a) The commission or authorized agent may require a property owner to repair a
malfunctioning on-site sewage disposal system on the owner's property:
(1) not later than the 30th day after the date on which the owner is notified by the
commission or authorized agent of the malfunctioning system if the owner has not been notified
of the malfunctioning system during the preceding 12 months;
(2) not later than the 20th day after the date on which the owner is notified by the
commission or authorized agent of the malfunctioning system if the owner has been notified of
the malfunctioning system once during the preceding 12 months; or
(3) not later than the 10th day after the date on which the owner is notified by the
commission or authorized agent of the malfunctioning system if the owner has been notified of
the malfunctioning system at least twice during the preceding 12 months. ~; ..
(b) The property owner must take adequate measures as soon as practicable to abate an
immediate health hazard.
(c) The property owner may be assessed an administrative or a civil penalty under Chapter
7, Water Code, for each day that the on-site sewage disposal system remains unrepaired.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 1072, § 39, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1127, § 3, eff. Sept. 1, 1997.
~..
Page 6 of 17
~,~~; SUBCHAPTER C. DESIGNATION OF LOCAL GOVERNMENTAL ENTITY AS AUTHORIZED
AGENT
§ 366.031. Designation
(a) The commission shall designate a local governmental entity as an authorized agent if the
governmental entity:
(1) notifies the commission that the entity wants to regulate the use of on-site sewage
disposal systems in its jurisdiction;
(2) in accordance with commission procedures, holds a public hearing and adopts an order
or resolution that complies with Section 366.032; and
(3) submits the order or resolution to the commission.
(b) The commission in writing may approve the local governmental entity's order or
resolution, and the designation takes effect only when the order or resolution is approved.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.032. Order or Resolution; Requirements
(a) The local governmental entity's order or resolution must:
(1) incorporate the commission's rules on abatement or prevention of pollution and the
prevention of injury to the public health;
(2) meet the commission's minimum requirements for on-site sewage disposal systems; and
(3) include a written enforcement plan.
(b) If the order or resolution adopts more stringent standards for on-site sewage disposal
systems than this chapter or the commission's standards and provides greater public health and
safety protection, the authorized agent's order or resolution prevails over this chapter or the
standards.
(c) An authorized agent must obtain commission approval of substantive amendments to the
agent's order or resolution.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995
Page 7 of 17
§ 366.033. Delegation to Local Governmental Entities
The commission shall delegate to local governmental entities responsibility for the
implementation and enforcement of applicable rules.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.034. Investigation of Authorized Agents
(a) The commission shall:
(1) conduct not more often than once a year an investigation of each authorized agent to
determine the authorized agent's compliance with this chapter; and
(2) prepare an annual report concerning the status of the local governmental entity's
regulatory program.
(b) If the commission determines that an authorized agent does not consistently enforce the
commission's minimum requirements for on-site sewage disposal systems, the commission
shall hold a hearing and determine whether to continue the designation as an authorized agent.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995. ~::
§ 366.035. Mandatory Application for and Maintenance of Designation
A local governmental entity that applies to the Texas Water Development Board for financial
assistance under a program for economically distressed areas must take all actions necessary
to receive and maintain a designation as an authorized agent of the commission.
Added by Acts 1991, 72nd Leg., ch. 14, § 127, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.036. County Map
(a) If the commission designates a local governmental entity as its authorized agent and 'rf
the entity intends to apply to the Texas Water Development Board for financial assistance under
a program for economically distressed areas, the commissioners court of the county in which
the entity is located shall prepare a map of the county area outside the limits of municipalities.
The entity shall give to the commissioners court a written notice of the entity's intention to apply
for the assistance. The map must show the parts of the area in which the different types of on-
site sewage disposal systems may be appropriately located and the parts in which the different
types of systems may not be appropriately located.
(b) The commissioners court shall file the map in the office of the county clerk.
Page 8 of 17
(c) The commissioners court, at least every five years, shall review the map and make
~~ - changes to it as necessary to keep the map accurate.
Added by Acts 1991, 72nd Leg., ch. 14, § 127, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
l
Page 9 of 17
§ 366.051. Permits
SUBCHAPTER D. PERMITS; FEES
(a) A person must hold a permit and an approved plan to construct, alter, repair, extend, or
operate an on-site sewage disposal system.
(b) If the on-site sewage disposal system is located in the jurisdiction of an authorized agent,
the permit is issued by the authorized agent; otherwise, the permit is issued by the commission.
(c) A person may not begin to construct, alter, repair, or extend an on-site sewage disposal
system that is owned by another person unless the owner or owner's representative shows
proof of a permit and approved plan from the commission or authorized agent.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.0515. Maintenance Contract and Performance Bond
(a) An authorized agent or the commission may not condition a permit or the approval of a
permit for an on-site sewage disposal system using aerobic treatment for asingle-family
residence located in a county with a population of less than 40,000 on the system's owner
contracting for the maintenance of the system.
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~-
(b) Except as provided by Subsection (a), an authorized agent by order or resolution or the
commission by rule may condition approval of a permit for an on-site sewage disposal system
on the system's owner contracting for the maintenance of the system. If a maintenance contract
is required, the owner of the on-site sewage disposal system must submit to the permitting
authority:
(1) a signed contract for the maintenance of the on-site sewage disposal system; and
(2) if the on-site sewage disposal system is located in a county with a population of more
than 2.8 million, a performance bond obtained from the person with whom the owner of the on-
site sewage disposal system has contracted for maintenance of the system.
(c) A performance bond required by Subsection (b) must be:
(1) solely for the protection of the owner of the on-site sewage disposal system;
(2) conditioned on the faithful performance of the maintenance of the on-site sewage
disposal system in accordance with plans, specifications, laws, regulations, and ordinances of
the state and the authorized agent;
(3) in an amount reasonably related to the cost that the owner of the on-site sewage disposal
system would incur if the maintenance company did not adhere to maintenance standards or
comply with applicable statutes, rules, or ordinances;
Page 10 of 17
(4) executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the
~~`~ 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);
(5) in a form approved by the permitting authority; and
(6) payable to the owner of the on-site sewage disposal system.
(d) If the owner of the on-site sewage disposal system enters into a new maintenance
contract or revises the original maintenance contract, the owner must submit a copy of the new
or revised maintenance contract and a new performance bond to the permitting authority not
later than the 30th day after the date on which the original contract terminates or is modified.
(e) The perritting authority may establish and collect a reasonable fee to cover the cost of
administering the performance bond program.
(f) The installer of an on-site sewage disposal system shall provide the owner of the system
with information regarding maintenance of the system at the time the system is installed.
(g) The owner of asingle-family residence located in a county with a population of less than
40,000 shall maintain the system directly or through a maintenance contract. If the owner elects
to maintain the system directly, the owner must obtain training in system maintenance from the
authorized agent or the installer.
Added by Acts 1997, 75th Leg., ch. 1127, § 4, eff. Sept. 1, 1997.
§ 366.052. Permit Not Required for On~ite Sewage Disposal on Certain Single
Residences
(a) Sections 366.051, 366.053, 366.054, and 366.057 do not apply to an on-site sewage
disposal system of a single residence that is located on a land tract that is 10 acres or larger in
which the field line or sewage disposal line is not closer than 100 feet of the property line.
(b) Effluent from the on-site sewage disposal system on a single residence:
(1) must be retained in the specified limits;
(2) may not create a nuisance; and
(3) may not pollute groundwater.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.053. Permit Application
(a) Application for a permit must:
(1) be made on a form provided by the commission or authorized agent; and
Page 11 of 17
(2) include information required by the commission or authorized agent to establish that the
individual sewage disposal system complies with this chapter and rules adopted under this _''',
chapter. ~,-
(b) The commission shall adopt rules and procedures for the submission, review, and
approval or rejection of permit applications.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.054. Notice From Installer
An installer may not begin construction, alteration, repair, or extension of an on-site sewage
disposal system unless the installer notifies the commission or authorized agent of the date on
which the installer plans to begin work on the system.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.055. Inspections
(a) The commission or authorized agent shall review a proposal for an on-site sewage
disposal system and make inspections of the system as necessary to ensure that the on-site
sewage disposal system is in substantial compliance with this chapter and the rules adopted ~,
under this chapter.
(b) An on-site sewage disposal system may not be used unless it is inspected and approved
by the comrission or the authorized agent.
(c) A holder of a permit issued under this chapter shall notify the commission, the authorized
agent, or a designated representative not later than the fifth working day before the proposed
date of the operation of an installation that the installation is ready for inspection.
(d) The inspection shall be made on a date and time mutually agreed on by the holder of a
permit and the commission, the authorized agent, or a designated representative.
(e) An installation inspection shall be made not later than the second working day, excluding
holidays; after the date on which notification that the installation is completed and ready for
inspection is given to the commission, the authorized agent, or a designated representative.
(f) The owner, owner's representative, or occupant of the property on which the installation is
located shall give the commission, the authorized agent, or a designated representative
reasonable access to the property at reasonable times to make necessary inspections.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995
Page 12 of 17
~~ § 366.056. Approval of On-Site Sewage Disposal System
F:.
(a) The commission or authorized agent may approve or disapprove the on-site sewage
disposal system depending on the results of the inspections under Section 366.055.
(b) If a system is not approved under this section, the on-site sewage disposal system may
not be used until all deficiencies are corrected and the system is reinspected and approved by
the commission or authorized agent.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.057. Permit Issuance
(a) The commission shall issue or authorize the issuance of permits and other documents.
(b) A permit and approved plan to construct, alter, repair, extend, or operate an on-site
sewage disposal system must be issued in the name of the person who owns the system and
must identify the specific property location or address for the specific construction, alteration,
extension, repair, or operation proposed by the person.
(c) The commission may not issue a permit to construct, alter, repair, or extend an on-site
sewage disposal system if the issuance of a permit conflicts with other applicable laws or public
policy under this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.058. Permit Fee
(a) The commission by rule shall establish and collect a reasonable permit fee to cover the
cost of issuing permits under this chapter and administering the permitting system.
(b) The commission at its discretion may provide variances to the uniform application of the
permit fee.
(c) Fees collected under this section shall be deposited to the credit of the water resource
management account.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 333, § 60, eff. Sept. 1, 1997.

Page 13 of 17
§ 366.059. Permit Fee Paid to Department or Authorized Agent
~::~
(a) The permit fee shall be paid to the authorized agent or the commission, whichever
performs the permitting function.
(b) The commission may assess acharge-back fee to a local governmental entity for which
the commission issues permits for administrative costs relating to the permitting function that
are not covered by the permit fees collected.
(c) Fees collected under this section shall be deposited to the credit of the water resource
management account.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 333, § 61, eff. Sept. 1, 1997.

Page 14 of 17
I,:,, : SUBCHAPTER E. REGISTRATION OF INSTALLERS
§ 366.071. Registration
A person may not operate as an installer in this state unless the person is registered by the
commission.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 589, § 5, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch.
76, § 11.113, eff. Sept. 1, 1995.
§ 366.072. Registration Application
The commission shall adopt a registration application form and rules and procedures for the
submission, review, and approval or rejection of registration applications.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.073. Registration Issuance
(a) The commission shall issue or authorize the issuance of registrations and other
( documents.
(b) The commission shall issue a registration to an installer if the installer:
(1) completes an application form that complies with this chapter and rules adopted under
this chapter, and
(2) completes the training program provided by the commission.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.074. Registration Fee
The commission shall establish and collect a reasonable registration fee to cover the cost of
issuing registrations under this chapter. Fees collected under this section shall be deposited to
the credit of the commission occupational licensing account.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 333, § 62, eff. Sept. 1, 1997.
Page 15 of 17
§ 366.075. Proof of Registration (~`~
,,` ~ %.
Each installer shall furnish proof of registration if requested by the commission, an
authorized agent, or a designated representative.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.076. Registration Renewal
The commission may provide for periodic renewal of registrations.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
§ 366.078. Official Roster of Registered Installers
On request, the commission semiannually shall:
(1) disseminate to the public an official roster of registered installers; and
(2) provide to authorized agents a monthly update of the roster.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.113, eff. Sept. 1, 1995.
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Page 16 of 17
SUBCHAPTER F. PENALTIES
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§ 366.092. Injunction or Civil Suit
(a) If it appears that a person has violated, is violating, or is threatening to violate any
provision of this chapter, or any rule, permit, or other order of the commission issued pursuant
to this chapter, an authorized agent or, at the request of the commission, the attorney general
may bring a civil suit for:
(1) mandatory or prohibitory injunctive relief, as warranted by the facts;
(2) a civil penalty as provided by this chapter; or
(3) both injunctive relief and civil penalty.
(b) Repealed by Acts 1997, 75th Leg., ch. 1072, § 60(b)(4), eff. Sept. 1, 1997.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 589, § 7, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch.
1127, § 5, eff. Sept. 1, 1997.
§ 366.0922. Commission Enforcement at Local Government Request
A local govemment may request that the commission initiate an enforcement action under
this chapter through a petition filed with the commission. If the commission chooses to initiate
an enforcement action on behalf of a local government, civil penalties recovered shall be divided
between the local government and the state based on the proportion of resources expended by
each entity in the course of enforcement action.
Added by Acts 1993, 73rd Leg., ch. 589, § 8, eff. Aug. 30, 1993. Amended by Acts 1997, 75th
Leg., ch. 1127, § 6, eff. Sept. 1, 1997.
§ 366.0923. Fees and Costs Recoverable
If an authorized agent or the state prevails in a suit under this subchapter, it may recover
reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation
to the proceeding.
Added by Acts 1993, 73rd Leg., ch. 589, § 8, eff. Aug. 30, 1993. Amended by Acts 1997, 75th
Leg., ch. 1127, § 7, eff. Sept. 1, 1997.
Page 17 of 17

TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
RULE REGARDING
ON-SITE SEWAGE FACILITIES
(30 TAC CHAPTER 285)
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EFFECTIVE DATE: JANUARY 8, 1999
Copt/ will be available in Court

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RULES AND REGULATIONS
OF
KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
OCTOBER 1, 1992
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will be available in
STATE OF TEXAS }
?~ ~ S' COUNTY OF KERR }
INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF
KERB COUNTY OSSF PROGRAM
This Agreement is entered into on this 22nd day of JAY 1996,
pursuant to the terms of Chapter 741 of the Texas Government Code, by and between the
Commissioners Court of Kerr County, hereinafter called "the County", and the Upper
Guadalupe River Authority, hereinafter called "UGRA", for the purpose of providing
certain services relating to the operation of the On-Site Sewage Facility Program,
hereinafter called "OSSF".
WHEREAS, the County has been designated as the Program Provider for Kerr
County by the Texas Natural Resource Conservation Commission; and
WHEREAS, the County finds it in the best interest of the health and welfaze of its
residents, absentee property owners, visitors and guests, to maintain the OSSF Program
effectively and efficiently; and
~~ WHEREAS, the County finds that such effective operation of the program will
provide good environmental health practices which ultimately will promote safeguazds for
the azea's public drinlong water standazds; and
WHEREAS, UGRA's territorial jurisdiction is the same as the Count}~s; and
WHEREAS, UGRA has an established environmental services program consisting
of Registered Sanitarians, Limnologists and other water quality specialists; and
WHEREAS, UGRA has expressed a willingness to operate the program on behalf
of the County; and
WHEREAS, the public health, safety and welfare of the citizens of Kerr County
would be best served by both parties entering into this Intergovernmental Cooperation
Agreemeat pursuant to the authority granted by Chapter 741 of the -Texas 'Government :.
Code (the Texas Intergovernmental Cooperation Act).
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 2
NOW THEREFORE, be it resolved that Kerr County and the Upper Guadalupe
River Authority enter into this Intergovernmental Cooperation Agreement for the
administration and operation of the Kerr County OSSF Program.
ARTICLE I
DEFINITIONS
1.1. "Sole and Total Authority" to operate the OSSF Program adopted by Kerr County
means that UGRA has complete authority granted by this Agreement to administer
the Rules and Regulations of the Kerr County OSSF Program without interference
or input from any other person or authority, including members of the Kerr County
Commissioners' Court, its agents, designees or employees of Kerr County, their
agents, designees or employees or co-employees.
1.2. "Appeal" means that element of the application or permitting process where the
applicant/pemtittee and UGRA have been unsuccessful in reaching an amicable
agreement on the design, construction methodology or any other aspect of the
installation of an OSSF unit in accordance with the rules and regulations adopted _
by the County. Such an Appeal shall be initiated by the UGRA when UGRA
determines that it has exhausted all administrative remedies granted to UGRA in
the adopted rules and regulations, or by an applicant pursuant to the Rules and
Regulations.
1.3. "Rules and Regulations" or "Program" means the requirements for the
administration and operation of the Kerr County OSSF Program as adopted, by the
Kerr County Commissioners Court.
1.4. "General Manager" as that term is used in this Agreement means the General
Manager of the UGRA, his sta$ agents, consultants that may or will be involved
in the execution of the terms of this Agreement and the Ken County OSSF
Program.
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Intergovernmental Agreement far Operation of Kerr County OSSF Program
~` ''' Page 3
ARTICLE II
TERM/TERII~IINATION
2.1. The initial term of this Agreement shall be from October 1, 1996, through
September 30, 1997.
2.2. This Agreement shall be renewed automatically, without action by any party
hereto, for successive periods of one (1) year each, commencing on the first day of
October, 1997, and the first day of every subsequent October, unless notice of
cancellation is given by either parry hereto not less than ninety (90) days prior to
the commencement of the renewal term in question.
23. Either party may terminate this Agreement at any time by action of the governing
body of the appropriate party, following which at least thirty (30) but not more
than sixty (60) days written notice of the intent to terminate shall be delivered to
the other party by the terminating party.
ARTICLE III
CONTRACTED SERVICES
3.1. General. UGRA agrees to provide complete administration and operation to Kerr
County of its OSSF Program, including but not limited to the following:
3.1.a. Maintenance of forms for applications for a permit to construct an on-site
sewage facility, review of the same for compliance with the rules and
_ _ regulations of the Kerr County OSSF Program; and preparation of a
declaration of compliance, or of a resolution of need for variance from the
-rules of the Program.
3.1.b. Assignment of the application to field services for site inspection,
construction condition and installation overview, and evaluation of the as-
built installation for final permitting or rejection of same for non-
compliance. with the Kerr County OSSF Program..
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Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 4
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3.1.c. Review of each application for location of any such OSSF and its related '
appurtenances within the flood plain boundaries designated or established
by the Corps of Engineers.
3.1.d. Subdivision plat review providing a certification that the proposed plat
meets any requirements of the Kerr County OSSF Program.
3.2. Administration of the Program will be provided by the General Manager of the
UGRA through direct action and through supervision of appropriate professional
and technical personnel, including but not limited to, Senior Water Quality
Specialists, RegisteredSanitarians, Geologists, Field Inspectors and other
appropriate support personnel.
3.3. The General Manager, either directly or through appropriate personnel operating
under his supervision, shall provide fiscal services in connection with this
Agreement which will include, without limitation, the collection of all fees and a
timely distribution of same to appropriate receiving authorities and an outside audit
of the program in conjunction with the annual outside audit of the UGRA
operations. Ten (10) copies of the OSSF Program audit will be submitted to the ~~
County within ten (10) days following acceptance of the audit by the UGRA Boazd
of Directors.
3.4 Quarterly reports on the program's activities will be furnished to the County within
30 days following the end of each quarterly reporting period, identified as ending
on December 31, March 31, June 30 and September 30 of each year.
ARTICLE IV
PAYMENTS
4.1 Payments by Kerr County. ;~:;;
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4. I.a. During the fast year of operations pursuant to this agreement, Kerr County „~ ,..
agrees to pay UGRA a sum of $40,000.00 per year for administration of
the Kerr County OSSF Program for the period of October 1, 1996 to
September 30, ' 997, with such payment being due on October 1, 1996.

r'~,
Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 5
4.1.b. Should this agreement extend into a second year, Kerr County agrees to
pay UGRA a sum of $35,000.00 per year for services for administration of
the Kerr County OSSF Program for the period of October 1, 1997 through
September 30, 1998, with such payment being due on October 1, 1997.
4.1.c. Should this Agreement extend beyond September 30, 1998, Kerr County
agrees to pay UGRA a sum of $30,000.00 per year for services for
administration of the Kerr County OSSF Program for each fiscal year of
October 1, 1998 to September 30, 1999; October 1, 1999 to September
30, 2000; and October 1, 2000 to September 30, 2001, with the payment
for such services due on the first day of the fiscal year during which the
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Agreement is in effect.
4.1.d. Should this Agreement terminate pursuant to part 2.3, a prorated amount
of the fiscal year's annual services payment shall be refunded from UGRA
to Kerr County within fifteen (15) days following the termination date.
4.1.e. Should this Agreement extend beyond September 30, 2001, payments for
services, if any, shall be subject to further agreement of the parties pursuant
to the terms of part 7.3. of this Agreement.
4.2. Fees
4.Z.a. In addition to the payments described in part 4.1., UGRA is authorized to
collect, retain and expend fees established by Kerr County as part of its
OSSF Program.
4.2.b. When requested by UGRA, Kerr County agrees both to consider UGRA
proposals for adjustment of OSSF Program fees and to act to accept,
modify or deny such requests within sixty (60) days following receipt.
ARTICLE V
. SPECIAL CONDITIONS
5.1. AdministrativeJOperation Methodology.
S.l.a. The UGRA shall have sole and total authority to administer the OSSF
Rules and Regulations adopted by Kerr County without
interference or input from any other party or authority until such time an
Appeal is properly submitted to the Kerr County Commissioners
Court. Individual members of the Kerr County Commissioners Court, their
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agents and employees shall refer all questions and matters which come to
Interngovernmental Agreement for.Operation of Kerr County OSSF Program
Page 6
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their attention to the UGRA and members of the Court shall use their
influence and good wffi to encourage alI applicants and permittees to
resolve the issue with [he General Manager, when possible.
S. l.b. The Kerr County Commissioners Court will assume full responsibility for
the application and permitting process for any individual application,
including inspection of construction and all other matters described in
Article III of this Agreement, upon the Court's receipt of a written notice
that issues on a particular application cannot be resolved by UGRA and the
above-noted appeal notice is delivered to the Court.
5.2. Rules and Regulations for the OSSF Program and other programs related
to this Agreement shall be promulgated by the County and shall be consistent with
and at least as stringent as standazds, rules, and regulations applicable to on-site
sewage systems promulgated by the Texas Natural Resource Conservation
Commission and Texas Department of Health. The County agrees to pay or cause
to be paid to any professional or technical expert, any fees relating to the revision
or amendment to the Kerr County OSSF Program Rules and Regulations. ~"
5.3. UGRA may present the County with requests for amendments or modifications to
the County OSSF Program Rules and Regulations.
5.4. The UGRA agrees to submit the preliminary annual funding request no later than
the third (3rd) Wednesday of the month of July of each year of this Agreement and
every year thereafter until July 2000; and shall submit the final request for funding
no later than the third (3rd) Wednesday of the month of August of each year of
this Agreement and every year thereafter until August 2000.
5.5. The County agrees to allow UGRA to form various advisory boards and/or
standing or ad hoc committees it deems necessary to assist with the effective and
of&cient delivery of the services set out herein, and shall give Kerr County the
option of appointing one of its officers or agents to sit on any such board or
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,~~ Intergovernmental Agreement for Operation of Kerr County OSSF Program
k.' "~~ Page l
committee. UGRA agrees to notify all members of such committees or boards in
writing seventy-two hours in advance of the meetings of such boards or
committees unless an emergency exists, and the UGRA will notify all members
telephonically not less than three (3) hours before such an emergency meeting.
The County agrees to hear reports from the board or committee at its next regular
scheduled meeting, but is neither obligated nor required to adopt the action or
recommendation of the advisory board or committee.
ARTICLE VI
INDEPENDENT CONTRACTOR
6.1. In performance of its obligations hereunder, the UGRA is an independent
contractor with the exclusive right to administer, operate and evacuate the
performance of the Kerr County OSSF Program. The County shall look to the
UGRA for results only and shall not have the right at any time to direct or
supervise the UGRA General Manager or any of the UGRA personnel, agents,
employees or professional and/or technical consultants employed by UGRA on the
delivery of the services as set out herein in the performance of such services or as
to the manner, means or methodology in which the services are performed.
ARTICLE VII
GENERAL CONDITIONS
7.1. In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.' . .
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7.2. This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the -
parties with respect to the subject matter hereof.
7.3. This Agreement maybe amended from time to time by mutual consent, with any
such amendments being attached to the originals of the Agreement fotiowing
execution.

Intergovernmental Agreement for Operation of Kerr County OSSF Program
Page 8
7.4. This Agreement is executed in duplicate originals with one origins! to be retained
by each party.
7.5. Any notices required to be sent under the terms of this Agreement shall be sent as
follows:
Kerr County: Judge Robert A. Denson
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
UGRA Tim T. Brown, General Manager
UGRA Admin. Offices
Kerrville, Texas 78028
Notices maybe delivered by actual delivery, certified mail, facsimile, or other
appropriate method creating a record of the date of delivery.
APPROVAL
APPROVED AND ORDERED By The Commissioners Court Of Kerr County This ~ ~,
_22zxL day of 7„~y 1996.
COUNTX OF KERB
ATTEST: ~, ^
P~CIP, DYE, COUNTY Q~IIaC By: ~/ Kam--.
,' .1L.. ll n A A/ Ro ert A. Denso ,County Judge

~'.
Intergovernmental Agreement for Operation of Kerr County OSSF Program
~r;' ~ Page 9
APPROVED AND ADOPTED By the Upper Guadalupe River Authority Board of
Directors this 22nd day of July .1996.
ATTEST:
Georgia H. Christley, Secretary-Treasurer
APPRO D AS TO FORM
By:
McGinnis, Lochridge, & Kilgore, L.L.P.
UPPER GUADALUPE RIVER