ORDER NO. ^c7~L79
APPROVAL OF KERB COUNTY
ON-SITE SEWAGE FACILITY PROGRAM
PROCEDURES RS AMENDED
On this the '~Sth day of J~_ine 'cOSl, ~_ipon motion made 6y
Commissioner Griffin, seconded by Commissioner Baldwin, the
Co~_ir•t unanimously approved by a vote of 4-Q~-Q, the Kerr
Coi_tnty On-Site Sewage Facility Program F'r-oced~_ir•es and to
amend F'ar•agrah C. 1, final phrase, to delete "shown on the
attached schedule," and to add "set by the N.err- County
Commissioners Co~_~rt.
COUNTY OF KERB §
STATE OF TEXAS §
AFFIDAVIT
Before me, the undersigned authority, personally appeared who, being my me duly sworn,
deposed as follows:
My name is Jannett Pieper, 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 aze five pages of records known as "ORDER ADOPTING RiJLES OF KERB
COUNTY, TEXAS FOR ON-SITE SEWAGE FACILITIES." The records aze kept by me as
County Clerk, County of Kerr, in the regulaz 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 make at or neaz the time or reasonably soon
thereafter. The record attached hereto is the original or exact duplicate of the official record.
Jannett Pieper
BEFORE ME, the undersigned authority, a Notary Public in and for Kerr County, Texas, on this
day personally appeazed Jannett Pieper, 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
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /d; day of July 1.
i'
Notary Public, State of Texas
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ORDER N0.2~~~9
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 COMMISSIONERS 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. 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 Health and Safety Code.
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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 Sewage Facilities" and Administrative
Rules 30 TAC 285.1- 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:
IsihereavalitlLicer~se-to- Yes
Operate the OSSF an record
dated on or aRer
October 1,1997?
Na
Was the License-to-Operate
the OSSF issued less than
10 years before the date of
the transter?
No
M inspection shall be
wed m accwaance
with the PmcerMues e,a
standards shave below.
(b)Inspection Procedures and Standards.
Yes Isthereavrastehaulerrecord
showing al 055E tams have
been pumped and cleaned
wthin 3 Years of the transter?
NO ~ Yes
No ittspw.lion ~ be
requbed. ucense shall be
tnvrrsterr~i to new owrer or
calAractor Tor 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
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
provide to the Applicant a report on the observed condition of the system
at the time of inspection. The report will include a description of the
applicable paragraphs listed below and outline the Applicant's options.
a. For previously unlicensed systems or systems licensed before
October 1, 1992:
1. If the system meets the requirements of paragraph 10.(b)(5)
above, the Applicant may continue to operate the system for as
long as the requirements outlined in paragraph 10.(b)(5) above
are met. (NO license will be issued or transferred.)
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
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:
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.
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 19. 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 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.
(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: ~J /
PASSED AND APPROVED THIS 'S~ DAY OF t/~, 20~
Ar˘/P/PROVED:
`/~//'~'unty Judge --
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