ORDER NO 27036 LAKE INGRAM DAM pLACEMENT OF F'ORTRRLE TOILETS FDR pUPLIC USE On this the 14th day of May 2001, ~_ipon motion made by Commissioner Griffin, seconded by Commissioner Let z, the Co~_irt unanimously approved by a vote of 4-Q-@, to a~_ithorize placement of two portable toilets at Lake Ingram Dam on County property from May 25th, year 22Q1 until September 4, 2001, at a total cost of $680.0tLi. Such funds to be taken from Nandepartmental Contingency. 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 MEETING DATE: May 14, 2001 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner, Precinct 4 TIME PREFERRED: Consider and discuss county funding of the placement and servicing of two portable toilets, for public use, on county property at Lake Ingram dam from May 25, 2001 until September 4, 2001. 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 wffi be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Through 1997 the Commissioners Court funded placement and servicing of two portable toilets are the Lake Ingram dam during the peak summer season. Without them the demand on the septic systems at the businesses across Hwy 39 from the dam far exceeds the design capacity of these systems. Because of the close proximity of these septic systems to the river and the potential public health threat, the recommendation is to once again fund the portable toilets in accordance with the attached budget amendment. Larry *: i < S . i a= ,,: i fi a . lE _a a v: i ~ I ar ' W N4,~ . ;: t4 V~ ~ .. . t . , i' „ ~~,1.'nl ,.., .'.~ ~ rir.. ,-. , 'I;I I:,1 I "~ nl 1 t,unt~ ALu~lu ncn and f:yuipnu~nl i.. l.ibr;in Helerrnce• rv, . - ~ ,' - r ., ~ d;.-tn,". ~ ~ ~,n, ~~il ~ ; r m:~.n. I ~ i.. t.. 'a' T ~~.,- I'rart c~ u n'.', ~;; P~; ~..- , ~ 'I ~-c.< I'ra:°, fir„~ 3~1 ~, h nc~ rd by $ 20].163. ('unlrarls for Flood Control and Drainage - land ~a~ .1 enun~,~, ci'„ wa[,~r control and imprm'raurnL dirllirt, draiuat~r diutriet, or other n the political suhdi~ti iou ma~, contract n~ith a cnnsun~ntion disirirt for the joint acquisition of right. oC-way ur tur joint construction nr m:tintenancr of dam,, flood retention structures, dared canals, drain=, lece,rs, ur other improvements fur flood control and drainage related to Flood nation control or far making the necessary outlets and maintaining theta. The contracts and ;ale of agreements mac contain terms, provision=, and details that the governing bodies of the d in a respective political subdicfsions determine to be necessary under the facts and circumstances. ,~~ the (bi A county, city, water control and improvement district, drainage district, or other political subdivision may contribute funds to a conservation district far the construction or dhngs, maintenance of canals, dams, flood retention structures, drains, levees, and other improve- se the meats for flood control and drainage related to flood control or for making the necessary rci may outlets and maintaining them. The political subdi~~sion may contribute the funds regardless of whether title to the property ie vested in the State of Texas or a conservation district if the work to be accomplished is for the mutual benefit of the donor and the agency or political subdivdeion having title to the property on which the improvements are located. (c) A county, city, water control and improvement district, drainage district, or other vme" in political subdivision may contribute funds to a conservation district for a specific purpose aa:e'in authorized by this chapteror for use in the exercise of any power or duty conferred on a ~d, seed- conservation district by this chapter that wdll benefit the contributing district or political nee su}t eubdivieion. All or part of any funds contributed by a county, city, water control and ed" and improvement district, drainage district, or other political subdivision to a conservation district ~stion of may be used by Lhe conservation district to match funds received from the state. cording- , (d) For the purposee of this section, a county may expend permanent improvement funds or flood contra] funds levied in accordance with Article VIII, Section 1-e, of the Texas Constitution and Chapter 464, Acts of the 61st Legislature, Regular Session, 1949 (Article 7048a, Vernon's Texas Civil Statutes). Apolitical aubdivieion other than a county may revenue, expend Lhe appropriate funds of the subdivision for the purposes of this section. Amended by Acts 199b, 74th Leg., ch. 198, § 1, eff. Sept. 1, 1996. Library References Soil and water conservation districts, county Eminent domain and contracts, see Brooks, 36 eupport, see Brooks, 36 Texas Practice Texas Practice § 45.3. § 34.18. SUBCHAPTER H. TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES 4 201.201. Creation of Program A technical assistance program for soil and water conservation land improvement measures is created and shall be administered by the State Soil and Water Conservation Board. Added by Acw 19&5, 69th Leg., ch. 133, § 3.02. 1'71 N~ ly COUNTY OF KERR ~ STATE OF TEXAS ~ AFFIDAVIT Before me, the undersigned authority, personally appeared who, Leing by me duly sworn, deposed as follows: My name is I am of sound mind, capable of makiny 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 purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_ (SEAL) 1 Draft 4/22/01 3:45 PM ORDER N0. ORDER ADOPTING RULES OF KERR 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 of 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 of 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 CON4IISSIONERS 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 injuring 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. ADOPTINGCHAPTER 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 Health and Safety Code. 2 Draft 4/22/01 3:45 PM SECTION 6. AAEA 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 Sewage Facilities" and Administrative Rules 30 TAC 265.1- 285.91, attached hereto, promulgated by the Texas Natural Resource Conservation Commission for on-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 or contract for deed the owner shall apply to the Designated Representative for an inspection of each OSSF, if required, as shown in the following diagram: Is there a valid Lcense-to- Yes Operffiethe OSSF on record dated on or after October 1, 79927 No Was the License-to-Operate the OSSF Issued lessthan 10 years before the date of the transter7 No An Inspection shall qe required 6t accordance with the procedures and. standards shown below. (b)Znspection Procedures and Standards. Yes Isthere a wastehauler record sttrnMng atl OSSF tanl˘ have been purcpetl and cleaned wtlhin 3years of the transfer'? No I Yes No inspedion shall be required. License shall be transferred to new owner or contrador for deed. These procedures are based on 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 or contract for deed the following procedures shall be followed: (1)The Applicant shall contact the office of the Designated Representative to determine if an inspection is required under paragraph 10. (a) above. 3 Draft 4/22/01 3:45 PM 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)After submission of the completed application and fee, the Designated Representative shall coordinate a date and time for the inspection with the Applicant. (4)On the date of the inspection the Applicant or the Applicant's representative shall: a. 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: a. Evaluate the OSSF for signs of failure which preclude the system from meeting the purposes stated in 30 TAC ~ 285.1. b. Evaluate the OSSF site characteristics to determine compliance with 30 TAC ~ 285.91, Table X, "Minimum Required Separation Distances for On-Site Sewage Facilities." (6)If as a result of the inspection outlined in paragraph 10.(b)(5) above discrepancies are discovered and/or repairs are required on any component of the system, the Applicant shall apply to the Designated Representative for a permit to perform the necessary construction and/or repair. The Designated Representative shall re-accomplish the appropriate inspection(s) on the affected component(s) during and after the construction-.and/or repair. (7)After.all.inspections are completed, the Designated Representative shall - provrde toy the Applrcant,a report on the :observedconditron of the system ~, ' ~, ~ ~ t~e 4`f~inspection,., ,~'heseport-wial~'~~nclude a descrrptron of they ~~ ~~~~.at the . ~. apphcable~paragraphs listed pe7ow and out'hne the Applicant soptrons- . - . a., For~.previously~ unlicensed systems or ;systems 'licensed befoYe., Octobei. 1, :1992: ` ~ r . ,~ C~} 1. If the system meets the requirements of paragraph 10.(b)_(5) z above, the system shall be authorized to operate for as long as the requirements outlined in paragraph 10.(b)(5) above are met. (NO .license will be issued or transferred. See next paragraph.) 2. If the Applicant desires to pursue licensing a previously unlicensed system and authorizes, at Applicant's expense, the additional inspection and testing required, the Designated 9 Draft 4/22/01 3:45 PM Representative will determine if the system meets all minimum requirements of 30 TAC ~ 285 and can be licensed. If the system does not meet all requirements, the Applicant shall have the option of applying for a permit to construct, repair, or alter the system to meet licensing requirements or continuing to operate the system under paragraph 10.(b)(7)a.l. above. b. For systems licensed on or after October 1, 1992 which require a transfer inspection in accordance with paragraph 10. (a) above: 1. If the system meets the requirements outlined in paragraph 10. (b)(5) above, the License-to-Operate the system shall be transferred to the new owner or contractor for deed. 2. If the system does not meet the requirements outlined in paragraph 10.(b)(5) above, construction or repair shall be accomplished in accordance with paragraph 10. (b)(6) above. (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. 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 all applicable penalty provisions related to on-site sewage facilities, which includes, 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. - SECTION 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 ceclared 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. Draft 4/22/01 3:45 PM 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. (b) 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. AND IT IS SO ORDERED: PASSED AND APPROVED TkiIS DAY OF , 20_ APPROVED: (SEAL) County Judge ATTEST: County Clerk Draft 4/22/01 3:45 PM