COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. LADE BY: Fred He OFFICE: Count~ge tEETING DATE: February 26, 2001 TIME UBJECT: (PLEASE BE SPECIFIC) Consider and discuss implementation date of new/current OSSF Order and related issues. XECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) 1AME OF PERSON ADDRESSING THE COURT: :STIMATED LENGTH OF PRESENTATION: F PFD ~JNNEL MATTER -NAME OF EMPLOYEE: 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: 'HIS REQUEST RECEIVED BY: 'HIS REQUEST RECEIVED ON: tll Agenda Requests will be screened by the County Judge's Office to determine if adequate informatiop his been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be ppreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules adopted by Commissioners' Court. County Judge 5:00 P.M. previous Tuesday. February 16, 2001 TO: David Motley ', I ~, FROM: Fred Her~J SUBJECT: REQUEST FOR OPINION #Ol-Ol In response to Mr. Lucas' letter of February 14, 2001, I am again enclosing a copies of Mr. Brown's letters dated February 1 and Februazy 8 of this yeaz. Mr. Brown has requested guidance from the Commissioners Court on several issues, the principal ones being the effective and/or implementation dates of the most recent Kerr County Order on OSSF. In response to Mr. Brown's letters, I am placing this topic on the February 26 Commissioners Court Agenda. Please provide the Court with your legal opinion on the following issues and any other legal issues that naturally arise from this situation; I would appreciate it if you or someone from your staff would be at the February 26 meeting to assist us in resolving these matters. The issues that I identify from Mr. Brown's letters aze as follows: 1. What is the effective date of the new rules -the date they were adopted by the Court or the date they were approved by TNCC? 2. What would be the official implementation date of the new rules -the effective date, the date the TNRCC Order approving the new rules was received by the UGRA, or a date specifically designated by the Court? If you have any questions, please let me Irnow. Cc: Commissioners t~;. u Sri }". r,,,, .,, z V, `: ORDER N0. ~E775 RDOpTED ON-SITE SEWRGE FACILITY RULES AND REGULATIONS AS AMENDED FOR t;ERR COUNTY TEXRS On this the 11th day of December- cOaQ~, upon motion made 6y Cammissioner• Griffin, seconded by Commissioner Let z, the Co~ar•t unanimously, by a vote of 4-~-Q~, adopted the Kerr County On-Site Septic Rules and Regulations as amended. m +~ ~ , nr~ G '' ~T '~ ,. h J) L ~ ..: .t> r, :. ORDER NO. c677c RMENDMENT N0. 1 TO THE f 78D28~i9~ (P3Q)S96-i44i Fxx (b.N7) ziL?631 iw~~C wl~tw. ~.o 1W7.~I ~~ IAQ...d Yv QE.e J.T. Brown p~0 792-6763 Febmary 8, 3001 The Honorable Fted Henneke Kerr Coutrty Judge 700 Main Kerrville, Texas 78028 RE: OSSF Program Administrative Issues Deaz Judge Henneke and Members of the Court: IiGRA respectfully requests thattbe Covnty advise ClcrRA as to the implementation issues surrounding the County's clew OSF Rules. We understand this arty re"~.gaue action by the Court in a posted meeting: The face as we understand them are: the Court approved the new rules on December 15, 2000 and'FPIRCC approved the tales on January 19, 2001. Discussions artd actions to approve the rules at the December I5, 2000 meetittg, as we recall, that the rules would be effective the date the County adopted the Order on December 15, 2000. We do trot rxati any comments rrgetdiug the official date of itnyrlementation. On January 31, 2001, Mr. Warren Samuelson, p.);., and other TNRCC staff members advised UGRA General Counsel Richard Mostly and me that an application imtiatcd prior to the daft of implementation of the new nules would be sttbjecA to completion underthe previous rules. We referenced that conversation to you in our letter dazed February 1, 2001. A copy is attached. [a my February 1, 2001 letter, I advised the Court thatd•had-tarade a docisionta hah allfomral tgrptitxlions save mtd exapt-those ac ptovided for in the Kerr t,'otmty tales adopted December 15, 2000. UGRA staff comimtcs to operate under ttty directive. aE[JGRA cot>tintres to 6e+nntrdated with inquiries and OOtttlTtent9 regarding the 7 implernentatioadateissae firm Meal teahors, title companies and the OSSF p.2 Feb OB 01 03:33p ~.T. Brown n3^ 792-6763 p.3 The Honorable Fred Hertnele -2- In order to better serve our constituencies, UGRA the Effective Date of Implementation as January 31 +,~, ~ UGRA's receipt of notice of TNRCC's approval and establish the Effective Date of I h;mentation retro i ~ 3awar~l9 2001 would penalizes those appliaurts .and January dates who have irtcu ++ County's OSSF Order ' nlace~t t4gt times S ~ n1,~ Thank you for your time and attention on this matter. wo'"~ ~ urs ply, ~~~~ ~ Febnauy 8, 2001 t~pectfiilly rt~tests that the Court establish 200}, the fast business~ay su equent to an official copy ofthe new ntles'?ETo aetivcl to either December I5, 2000 or who liedforpertnitsbetween ~~era a expense to comely with the J. .Brown ~11"°`r' k~~ ral Manager JTH:sy • Attachment - Letter of February I, 2001 ~ ce: Ut3RA OSSF Committee^ ~ ~ ~o~p 1 Richard C. Monty, UGRA General Counsel Mr, Warren Samuelson, P.E., TNRCe/ASSF Section The Honorable Lary 6rit'iitr Feb 08 O1 03: 33p G•.~admSgK &ain ~attnd (i.^uwrm (eke Kerr County Judge 700 Main Kerrville, Texas 78025 RE: Implementation of Kerr County OSSF Revised Rules D..ar Judge Henneke: VIA Telecopier 792-2218 UGRA is bolting to the Co__~ for the date of lamletnetHation ofthe Catmty's~ Infest Tev~~SSFl€u Vde un3erstand thcCourt adopted the ruleson December 1 ~, 2000 and 'f'NRCC approved the rules on Jatruary 19, 2001. The date of implentetttation is key as to how UGRA administers the County's program: The new.ruks were delivered to UGRA at thrclose ofthe business day on 3artuary 30, 2001: Is the date of implementation the beginning of the business dayJaouary.31,20017 KCCC o~ R'^Al`'° A,~ : 1z~15 'It°- Q~..Qtp,'}o uGRA 1+ 30 Q'• wlnsw..~.a 6htdannary 3!, ?001, UfrRA Cretutal Cotmsel Richard C. Mossy and I nut with Mr. Watmn Samuelso$; P:E: and statl'at TNRCC on several OSSF and Kater 9~Y protection issues. During that ducttssion, ~+RA-inquired asdo tha disposition of applications and violation citations issucdmmdec the forma order. p.4 In general, the response was: . '~e.h co-~4.C ~rtQ~ at~~ "~4ny ptvicess initiated under ihrprtvions Order and befots the L""`a'a-` 'M2 " veK~^ '00 oiteation of the tuw Ender should beaisposed of limier thrrnks OSSF ~Qd d~l i _ .... ....~ ,. ...L ~,. . _ r-. Y 1 '... ... ~~_._.. and,segutations o£the previous (hder ~dt, p,Joa ec...JCe There ate appaoxiu~stely 20o aQplicatioos in prooess.tbat vnere-;nitiatedon or D betore Januay 37,2001 and 20 to 25 31'. GovR actior~a~5led~pelydiog~ttndei tlte^former(Drder within the same time fraate~iTlR~sadvicesuggestsihesr. trotters arctobaoo~ktod tinder tfu t+rovisiorts of the Fortner Ckden Meny of UGRA received a copy of the latest approved Order at the close of basiaess on January 30, 2001. During the business day on January 31,2001, UGRA received a rest estate transfer utquiry. We anticipate additional inquiries untr7 information is released to the public. Feb 08 O1 03: 34p ), T. Hrown B?^ 792-6763 p.5 ,.-~ The Hotmrabk Fred Hcnneke -2- Febroan•l. ?001 LJmil UGRA reocives iastnxctions from the County, as of Jamiary 31, 2001 we wilt offer assistarfce with filSng an application, advise the applicant that a permit may not be requutd, that UGRA will Fa{d the application in suspense until further notice and UGRA will not collect the anmm~nate fee until mmolementatwn date hac .n eMal7i ,c~rrt The Court`s e~editious response to the effective impkemeMation date wild allow UGRA to better serve our cot>stituency. .TTB:sjj cc: UGRA OSSF Committee Richard C. Monty, Creneral Cotvtsel Walzen Samuelson, P.E., TNRCClOSSF The Honorable Larry Griffnt