orn~•r; NU ~~E,~~~a AF'F'I~C7VI= NC_W VFIi5I01~1 OF" F'IiC)F'05E::n L7.5.:i.1=.. OI:DCr< AS FaCCF'f~'7LD F"C1Fi F'U£rL.IC PUlif~'USE:.S On this the %'.3rd clay rnf` (ahri.]. 'r.''.(8fd].., f.fl:rf~n mo•bion made try Cf:nnm:i.ss:i.f~ner (.i'r:i'fi'i.n,, '.liE?(.:O1lClE?f:I try t:f:~mm:i.s,>ior~E~rr L_c>tz., tl'iEa C:of.irt f.u7animously approved t,y ~ vote of 4-0-0, tcn =:uflnst:i'L-ute ttu?~ new ve•rs:i.f~n of the hrohf:r<.r>fad 0.'.ii.a.l-,. fnrclf;~'r, a<.:~ .. COMMISSIONERS COURT AGENDA REQUEST MADE BY: LazryGriffin MEETING DATE: A~ri123, 2001 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner, Precinct 4 TIME PREFERRED: Consider and discuss approving amending the Kerr County OSSF order regazding property transfer inspections and procedures. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Griffin Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Govermnent 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 towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. COMMISSIONERS COURT AGENDA REQUEST d~ MADE BY: Larry Griffin MEETING DATE: Apri123, 2001 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner. Precinct 4 TIME PREFERRED: 2:00 PM Conduct a public heazing on an amendment to the Kerr County OSSF order regarding property transfer inspections and procedures. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Griffin 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 towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. `~ ''~ ~ ,i COUNTY OF KERR § STATE OF TEXAS § AFFIDAVIT ~2 v ; s~AO ~rm~ 3l Z/o, Before me, the undersigned authority, personally appeared who, being by me duly sworn, deposed as follows: ` My name is I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the County Clerks Office for the County of Kerr, Texas. Attached hereto are three (5) pages of records known as "ORDER ADOPTING RULES OF KERR COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES." The records are kept by me as County Clerk, County of Kerr, in the regular course of business with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The record attached hereto is the original or exact duplicate of the official record. BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that she executed the same for the purpose's and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 (SEAL) 1 Notary/Public, .State of Texas My commission eicpires: Draft 3/9/01 5:45 PM ORDER N0. ORDER ADOPTING RULES OF KERB COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES PREAMBLE WHEREAS, the Texas Natural Resource Conservation Commission has established Design Criteria for on-site sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government to regulate the use o£ on-site sewage disposal facilities in its jurisdiction in order to abate or prevent pollution, or injury to public health arising out of the use of on-site sewage facilities; and -- - - WHEREAS, due notice was given of a meeting and public hearing to determine whether the Commissioners Court of Kerr County, Texas should enact an order controlling or prohibiting the installation or use bf on-site sewage facilities in the County of Kerr, Texas; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the Commissioner Court of Kerr County, Texas; and WHEREAS, the Commissioners Court of Kerr County, Texas finds that the use of on-site sewage facilities in Kerr County, Texas is causing or may cause pollution, and is injuring or may injure the public health; and WHEREAS, the Commissioners Court of Kerr County, Texas has considered the matter and deems it appropriate to enact an Order adopting Rules regulating on-site sewage facilities to abate or prevent pollution, or injury to public health in Kerr County, Texas. NOW, THEREFORE, BE IT ORDERED BY THE CON4II SSIONERS COURT OF KERR COUNTY, TEXAS: SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby found and determined to be true and correct; SECTION 2. THAT the use of on-site sewage facilities in Kerr County, Texas is causing or may cause pollution or is inj~{ring or may injure the public health; SECTION 3. THAT an Order for Kerr County, Texas be adopted entitled "On-Site Sewage Disposal," which shall read as follows: AN ORDER ENTITLED ON-SITE SEWAGE DISPOSAL SECTION 4. CONFLICTS. All Orders or parts of the Orders of Kerr County, Texas not consistent with or in conflict with the provisions of this Order are hereby repealed. SECTION 5. ADOPTING CHAPTER 366. The County of Kerr Texas clearly understands the technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, does adopt and will fully enforce Chapter 366 of the Texas Hea/l~,t~h/~and Safety Code. 1®tR00 2 Draft 3/9/01 5:45 PM SECTION 6. AREA OF JURISDICTION, The Rules shall apply to all the area lying in Kerr County, Texas, except for the area regulated under an existing Rule and the areas within incorporated cities. SECTION 7. ON-SITE SEWAGE FACILITY RULES. Any structure discharging sewage into an on-site sewage facility within the jurisdictional area of Kerr County, Texas must comply with the Rules adopted in Section 8 of this Order. SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED. The Rules ("Design Criteria For On-site Sawage Facilities" and Administrative Rules 30 TAC 285.1- 285.91, attached hereto, promulgated by the Texas Natural Resource Conservation Commission for oft-site-sewage systems are hereby adopted, and all officials and employees of Kerr County, Texas having duties under said Rules are authorized to perform such duties as are required of them under said Rules. SECTION 9. INCORPORATION BY REFERENCE. The Design Criteria and all future amendments and revisions thereto are incorporated by reference and are thus made apart of these Rules. A copy of the current Design Criteria is attached to these Rules as Appendix I. SECTION 10. AMENDMENTS. (a) Upon the transfer of ownership or possession of a lot or tract of land which has one or more OSSF thereon by sale, contract for deed, or leasing for a period exceeding three years the owner shall apply to the Designated Representative for an inspection of each OSSF, if required, as shown in the following diagram: Is thereavalld Yes Was theLicense3o- License-to-Operatethe Operate the pSSF Issued OSSF on record at the Iess than 10.years before time oftrarlsfer7 the trtlnsfet7 No No r- An msp~tinn alb regulred"in aixdrdanee wittl the pracedu~es shown below; (b)Inspection Procedures and Standards. Yes Have. atl primary antl ,~ secondary tanks of the OSSF been pumped vdthln 3 years of .transfer? Na ~ Yes AlninS~artinn shall ha required License-to- Opetate shao,be transferred to the aanec or xordractorfdr: deed. These procedures are based oh OSSF design criteria set forth in 30 TAC ~ 285, research information published by the American Society for Testing and Materials, and independent research by Kerr County on state-of-the-art OSSF inspection technologies and applications. When a transfer of ownership or possession of property with one or more OSSF thereon occurs by sale, contract for deed, or lease for a period exceeding three years the following procedures shall be followed: 3 Draft 3/9/01 5;45 PM (1)The Applicant shall contact the office of the Designated Representative to determine if an inspection is required under paragraph 10(a) above. If the Designated Representative determines that no inspection is required for a licensed system, a request for transfer of the License-to- Operate shall be processed. If the Designated Representative determines than an inspection is required, the Applicant shall be provided with the necessary application documents and fee schedule. (2)If an inspection is required, the Applicant shall submit the completed application documents along with any prescribed fees to the office of the Designated Representative. (3)Within five working days after submission of the completed application and fee, the Designated Representative shall coordinate a date and time for the inspection with the Applicant and confirm same in writing to the Applicant. (4)On or before the date of the inspection the Applicant or the Applicant's representative shall: Be prepared to identify to the Designated Representative the locations of all components of the system including drainfield lines or other effluent distribution components. ' b. Have exposed for inspection all clean-outs on tanks and distribution systems and inflow and outflow connections on all treatment tanks. c. Be present for the inspection, and, at Applicant's option, arrange to have the Applicant's maintenance service provider present. (5)On the date of the inspection the Designated Representative shall conduct the inspection of the OSSF to include at a minimum the following: Evaluate the OSSF site characteristics to determine compliance with 30 TAC ~ 285.91, Table X, "Minimum Required Separation Distances for On-Site Sewage Facilities." b. Evaluate the OSSF for signs .of failure which preclude the system from meeting the purposes stated in 30 TAC ~ 285.1. (6)If, as a result of the inspection outlined in (5) above, discrepancies are discovered and repairs requir,~d on any component of the system, the Designated Representative shall re-accomplish the appropriate inspection(s) on the affected component(s) after repairs are completed. (7)Within five working days after all inspections are completed, the Designated Representative shall provide to the Applicant a written report on the observed condition of the system at the time of inspection. (c)The Designated Representative will actively pursue state-of-the-art capability in OSSF inspection technology and will conduct inspections with the least invasive, industry accepted procedures available to the Designated Representative at the time of inspection. SECTION 11. DUTIES AND POWERS. The Designated Representative of Kerr County, Texas is herewith declared the responsible entity for the enforcement of these Rules within Kerr County' jurisdictional area. The appointed individual(s) must be approved and certified by the Texas Natural Resource Conservation Commission before assuming the duties and responsibilities of the Designated Representative of Kerr County. Draft 3/9/01 5:45 PM SECTION 12. COLLECTION OF FEES. All fees collected for permits and/or inspections shall be made payable to Kerr County, Texas or to such other entity as the Commissioners Court may designate. SECTION 13. APPEALS. Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the Commissioners Court of Kerr County, Texas. SECTION 14. PENALTIES. This order adopts and incorporates allapplicable penalty provisions related to on-site sewage facilities, which ine3udes; but is not limited to, those found in Chapters 341 and 366 of the Texas Health and Safety Code, Chapter 7 and 26 of the Texas Water Code and 30 TAC Chapter 285. SEC'i'lON 15. SEVERABILITY It is hereby declared to be the intention of the Commissioners Court of Kerr County, Texas that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph, or section of this Order should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Order, since the same would have been enacted by the Commissioners Court without incorporation in this Order of such unconstitutional phrases, clause, sentence, paragraph, or section. SECTION 16. RELINQUISHMENT OF ORDER. If the Commissioners Court of Kerr County, Texas decides that it no longer wishes to regulate on-site sewage facilities in its area of jurisdiction, the Commissioners Court shall follow the procedures outlined below: (a) The Commissioners Court shall inform the Texas Natural Resource Conservation Commission by certified mail`at least 30 days before the published date of the public hearing notice that it wishes to relinquish its On-site Sewage Facility Order. ' ib) The authorized agent shall post the required public notice in a newspaper regularly published or circulated in the area of jurisdiction at least 30 days prior to the anticipated date of action by the authorized agent. (c) The authorized agent shall send a copy of the public notice, a publisher's affidavit of public notice, and a certified copy of the minutes to the Texas Natural Resource Conservation Commission. (d) The executive director shall process the request for relinquishment and may issue an order relinquishing the authority to regulate OSSF's within the authorized agent's jurisdiction or may refer the request to relinquish to the commission. (e) Prior to issuance of a relinquishment order the local governmental entity and the executive director shall determine the exact date the authorized agent would surrender its authorized agent designation to the executive director. SECTION 17. EFFECTIVE DATE This Order shall be in full force and effect from and after its date of approval as required by law and upon the approval of the Texas Natural Resource Conservation Commission. 5 Draft 3/9/01 5:45 PM AND IT IS SO ORDERED: PASSED AND APPROVED THIS DAY OF 20 APPROVED: (SEAL) County Judge ATTEST: ` County Clerk 6 Draft 3/9/01 5:45 PM ON-SITE ENVIRONMENTAL, INC. Lane Wolters, R.S. 2865 Upper Turtle Creek Rd. Kerrville, Texas 78028 (830) 257-3353 Apri12Q, 2001 The Honorable Judge Fred Henneke & County Commissioners Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 RE: Comments On Proposed Amendments (Section 10) of the OSSF Rules For Kerr County Dear Sirs: Regretfully, I am unable to be in attendance for the scheduled public hearing to discuss adoption of proposed rules regarding referenced inspection procedures for on-site sewage facilities on Apri123, 2001. I request that the following comments be entered into the Court Record of the public hearing and forwarded to TNRCC as part of the required process for amendments to a County Order relating to OSSF rules. I am in disagreement with the proposed property transfer inspection procedures (Section 10 -Amendments) for the following reasons: 1. Other than minimum setback requirements for OSSF's (285.91 Table X), there is no quantitative set of inspection procedures proposed. The entire inspection procedure is based upon the boiler plate goal objectives stated in 285.1 which, at best, represent the State's environmental wish list of glittering generalities. Look at 285.1. It is even entitled General Provisions; "safe and adequate OSSF's", "minimize contamination", "reduce potential for pollution". There is no direction here. What about "meets current minimum construction standards", "has adequate trench square footage", "soil type and depth suitable", "no presence of ground water"? I can guarantee you, that without a definite set of inspection standards and procedures, any OSSF can be passed or failed at the whim of who ever is inspecting the system. All you can say with the type of inspection that is proposed is: "Th[s OSSF appears to be functioning adequately in a manner consistent with the purpose for which it was intended or it does not". What good is this? The bottom line, gentlemen, and my point, is that the proposed inspection procedure is completely subjective, and will result in inconsistencies. No two inspectors can come up with the same results on any given OSSF inspection. Comments To Proposed Amendments To Kerr County OSSF Rules Lane Wolters Page 2 2. There is no closure for an inspection of an unlicensed OSSF in the proposed amendments to Section 10. Let's take the applicant with an unlicensed OSSF through the flow chart proposed in Sec. 10.a. If the applicant has the system inspected and he gets a report of the findings after 5 days (Sec. 10.b-7), what does the report say? The proposed rules imply that the report will speak to the condition of the system but no license to operate the system is offered. Without a license to operate what does the applicant have? Once again, at best, he has a report from the DR that parrots the generalities of 285.1. The burning legal question is: without a "License to Operate" the system, can the buyer of a property with an unlicensed OSSF qualify as an "innocent purchaser?" I think not. My point here, gentlemen, is no OSSF transfer inspection performed by a DR is valid unless the end result is a "License to Operate" the system. In conclusion, I would like to say that the proposed amendments in Section 10 of the "Rules" should be revised to include a definite inspection procedure that is standardized to the point that any two inspectors would come up with the same inspection results for any given OSSF inspection. The end point of every OSSF transfer inspection should be a "License to Operate" in order to qualify the buyer as an "innocent purchaser", to upgrade all existing substandard OSSF's and to insure that the OSSF program is viewed by the public as fair and consistent. Respectfully submitted, 1 ~~~~~~ ~~~- Lane Wolters, R.S. cc Jim Brown, General Mgr. UpperGuadalupe River Authority Ken Graber OSSF Div. TNRCC Kerrville Board Of Realtors Business. Line Rates: 3 lines = $6.82 per day One Month • 6 lines = $48 Additional lines = $0.86 each.. Additional Lines = $5 each 01. MONEY Large Business anq Mortgage Loans -Fast approval. Lc 'Interest rates. info line. 1-888-923-9991 NEED CASH FAST? We buy Homes Land, MH Lots, and Commercial. Any condition. David Lynn -6261 Prices Bluebonnet Lions Club mee every First and thi Thursday of ea month at Kathys' ~ the Rjver at 7a pm. PUBLIC HEARING Notice is Hereby given that a public hearin will be held on Apnl 23, 2001 at ~10~00 a.m. in the Commissioners Courtroom in the Kerr County Court- house to consider the application filed by Charles Domingues for the revision of plat for tract 16 of Silver Hills subdivi- sion as recorded in 2. PUBLIC NOTICE 4. the plat records of Kerr County, Texas'. Said notice is in ac- cordance with the local Government code, article 232.009, revision of plats. Any person who wishes to pro- test or comment must appear on April 23, 2001 at 10:00 a.m. in the Commis- sioners Courtroom, Kerr County Court- house or let their wishes be known by writing to the Kerr County Judge's of- fice, 700 Mam St., Kerrville Texas, 78028 Found a~ White, male ~ poodle mix.Peterson Middle ¢chool~ cargput# 1f0ound today, 4./97 1. call 895-27001 Found smi, Chihuahu8 in harper area. Found 45. Please call the Humane Society ~ 895-2700. and Small tan ppy with black zzle. Found around le/5th St. Area. Humane Society. 1895-2700. Lost NOTICE OF PUBLIC HEAR- ING CONCERN- ING PROPOSED f1RDEi# aDOPT ING RULES OF KERB COUNTY, TEXAS FOR ON- SITE SEWAGE FACILITIES It is the intention of Krfrr County Com- missioners' Court to adopt rules for on~ site sewage facili ties. Public hearin will be held on Apn 23, 2001 at 2:0 p.m. in the Commis sinners' Courtroom Kerr County Court- house 700 "Main, Kerrville, Tx, The proposed Kerr Coun-i ty rules for on-site] sewage facilities is available for view in the Kerr County Clerks office, room 122 700 Main St., Kerrville, Tx. Citi- zens may make their views known at the public hearing or in writing to the County Judges office, 700 Main, Kerrville, Texas 78028. ack & hite.Bostian Ter- ~r, ~,HU$TEiR,-Ska- co area oft Goat or ass Lost male, 1 rhite Aussie w/ ae eye, 1 Blk/ Irown mixed i. Lost in Hunt Lost 4/3. If found the two please call 238- or257-1414. ack lab. 9 ;. old female puppy River Hills area. st 4-3. Call 896- 46. light gray male ese cat, baby eyes ,and black 3 down lower in Wheless area. 8. PENSONALS Anybody who knows the where abouts of Wilbur L. White, formerly of Kerrville area, served in the Air Force EI Paso, Tx 1961.62 please con- tact Ran Schofield at 480-947-6178 or mail to 7502 E, Pa- pa,9o~ 5257a1e,Az 7, TIiA1NiNG ************ America's#i Truck Driver Training Program Eam $800-$900 A Week Plus Benefits When Trained! $0 Out Of Your Ppck~t! Everytfimg Is ihclutlerJ! Experience Nof Required Diploma Not Required Phone Call Required Call 1-800-958-2353 ************ 8. ENTERTANNNENT _ Solid Cold Nightclub Greatest Bands and D JeSatest Every Sunday Teiano night Grupo Loma come joins us Every Wednesday 4-11 happy hour Ladies night SPECIALS 4-7 Happy hour evervdav w/ 9. PETS & SUPPLIES Border Collie Puppies 6 wks old, black & white. Pretty markings. Good bloodlines. Parent's on site. $200. ea. (830)990-9380 Boston Terri Free to good home mo.'s old, fema 896595711 shots. C Dapple Dachshunds 6 weeks old. $250 ea. 830-884-5932 or 830-664-547: For Sale Black Labs 10 . 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Please cell ~~~ AFFfDAVIT OF PUBLICATION The State of Texas: The County of Kerr: I Grea Shrader ,publisher of the Kerrville Times, a newspaper published in the County of Kerr, State of Texas, do swear that the foregoing and attached citation was Published in Kerrville, Kerr County, Texas, a newspaper of general circulation published regularly in said Kerr County, Texas for more than one year .before this date on the following dates wit: ,v_, 20o f 200 i 2001 2001 A printed copy of said writ as it was published is attached hereto as apart hereof. Publi er of THE KERRVILLE TIMES, Kerr County, Kerrville, TX Sworn to and subscribed before me by the said Publisher of The Kerrville Times, on this the .D. 200 t _, to certify which witness my hand an seal of ice. otary Public, Kerr County, Texas PRINTER'S FEE %"~~ ~ a.. ;~;v; „•~ ~,~,:•, Jackie S. Woemer `;` ~.~lonry Public, State of Texas t``•'•.~;+a~'~''~ JANUARY 04,2005