ORDER N0. 27080
ADOPTING RULES OF
KERR COUNTY, TEXRS FOR
ON-SITE SEWRGE FRCILITIES
On this the 25th day of Ji_ine X001, upon motion made by
Commissioner Griffin, seconded by Commissioner Williams, the
Court unanimously approved by vote of 4-0-0, to adopt the Yer•r•
Coi.inty On-Site Sewage Facility (OSSF) Program Procedures
for real estate transfers, with an effective date of July 1,
2001 for• all contracts entered into on or after July i, 2001,
and effective date for• all transactions on tr•ansfer•s of Rugust
1, 2001 and authorize the County Judge to sign same, as well
as the amendment to the cur•r-ent 0. S. S. F. order.
KERR COUNTY ON-SITE SEWAGE FACILITY (OSSF) PROGRAM
PROCEDURES FOR REAL ESTATE TRANSFERS
A. PURPOSE: These procedures implement Section 10 of Kerr County Commissioners Court Order
Num~80 ("Section 10") relating to actions to be taken at the time properties with one or more
OSSF are trensferced by sale or contract for deed.
B. DEFINITIONS: OSSF are defined in two broad categories: Licensed and Unlicensed. Licensed
systems are further divided into two subcategories: Systems licensed on or after October 1, 1992 and
systems licensed before October 1, 1992.
Note: The determining factors for establishing which category applies to a specific OSSF depend
only on information available from validated records.
C. DETERMINING CATEGORY. INSPECTION REQUIREMENTS, AND SYSTEM STATUS:
1) The transfer process always begins with the applicant or the applicant's agent contacting the offices of
the Kerr County OSSF Designated Representative (DR) to make application for the Vansfer and
paying the necessary fees as set by the Kerc County Commissioners Court.
2) The OR will conduct a search of the records available, including any records provided by the applicant
if they can be validated, to determine which category applies and to establish the inspections required,
if any, for the transfer.
3) After the DR's determination from paragraph 2) above is made, the DR will establish what inspections
are required, what preparations for the inspection are required by the applicant, and communicate
those requirements to the applicant. The applicant will coordinate and schedule the inspections with
the office of the DR.
h is Important to point out that an applicant MAY, at the applicant's option, request an inspection,
to whatever level of invasiveness desired, even though a lesser or no inspection at all is required
by these procedures. The Kerr County Commissioners Court strongly recommends that when
acquiring properly with an OSSF the acquiring party should Insist that the system meets state
standards and be licensed prior to closing.
A) Licensed tams
1) For a system licensed on or after October 1, 1992, which the DR can determine from the
record meets all of the requirements of Section 10, no inspection will be required, and the
license will be transferred.
2) For a system licensed on or after October 1, 1992, which the DR cannot determine from the
record meets all of the requirements of Section 10, the DR will conduct only those inspections
necessary to determine the validity of the license. Based on the inspection,rf the DR can
validate the license, it will be transferted. If the license cannot be validated, the system will be
inspected as though the license was issued prior to October 1, 1992 (next paragraph).
3) In arxordance with Section 10, systems licensed before October 1, 1992 will be treated much
like unlicensed systems. However, the transfer inspection requirements for such systems can
be greatly reduced 'rf valid documentation (design or as-built drawings, etc.) is available in the
record or can be provided to the DR by the applicant
a) Based on the inspection, if the DR can determine that the system meets all current
state requirements, a new license will be issued and trensferted.
b) Based on the inspection, if the DR determines that the system does not meet all
current state requirements but is not creating a nuisance or a hazard to health, the
applicant may continue to operate the system. No license will be issued or
transferred.
B. Unlicensed Svstems
1) Unlicensed systems will necessarily require more extensive and invasive inspections to
determine if they meet the basic requirements of state law by not creating a nuisance or a
threat to public health.
a) Based on the inspection, if the DR can determine that the system meets all current
state requirements, a license will be issued and transferred.
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b) Based on the inspection, if the DR determines that the system does not meet all
current state requirements but is not creating a nuisance or a hazard to health, the
applicant may continue to operate the system. No license will be issued or
transferced.
NOTE: IF AT ANY TIME A SYSTEM, LICENSED OR UNLICENSED, IS FOUND TO BE CREATING A
NUISANCE OR A HAZARD TO PUBLIC HEALTH, STATE LAW REQUIRES THE DR, ON KERR
COUNTY'S BEHALF, TO TAKE STEPS TO PROHIBIT OPERATION OF THE SYSTEM UNTIL
REPAIRS OR REPLACEMENT ARE ACCOMPLISHED.
D. GENERAL INSPECTION PROCEDURES
This section necessarily provides only general information on the inspection process. Detailed
instructions will be provided to the applicant by the DR in accordance with paragraph C. 3) above. In
every case the DR will attempt to use the minimum invasiveness inspection techniques required to insure
compliance with state law and the Kerc County OSSF order. However, the precise requirements will
always depend on many variables including the age of the system, its valid documentation, and its
potential threat to public health and water quality.
On the date of the site inspection applicant must be prepared to identify all components of the OSSF
system incuding the tank(s) and the disposal system including drain fields, clean outs, spray heads, etc.
Professionally certified and sealed "as-built drawings° may satisfy this requirement. In the absence of
such certified and sealed "as-built drawings," the applicant must be prepared to visually locate the tanks
and all elements of the disposal system. In most cases where an inspection is determined to be
necessary by the DR, the following steps will be required, at a minimum, to be pertormed by the applicant.
A) Expose the systems treatment tank(s) access ports. This may occur at any time prior to the
inspection date to accommodate the applicant's desires or schedule.
B) Expose the exterior plumbing and inflow and outflow from the tank for visual inspection and
evaluation.
C) Expose interior of the tank(s) for integrity determination by having the tank(s) chamber(s)
pumped by a licensed waste hauler in the presence of the DR.
D) Expose the beginning and distal ends of any drain field lines.
Following the inspection by the DR, the DR will determine the compliance or non-compliance status of the
system and communicate the information to the applicant within five business days. In cases of non-
compliance the DR will also communicate the repairs or replacements required for the system to be
returned to operation.
APPLICANTS APPEAL RIGHTS
An applicant has the right to appeal the determinations or decisions of the DR to the Kerc County
Commissioners Courtin axordance with Section 13 of the Ker County OSSF order.
Fred Henneke, Kerr County Ju
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D e
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