ORDER ND. c707S
RGF'ROVRL OF KERR COUNTY
DN-SITE SEWAGE FACILITY PROGRAM
pROCEDURE5 A5 AMENDED
On this the Oath day of June OQ~01, ~_ipon motion made by
Commissioner Griffin, seconded by Commissioner Paldwin, the
Co~ar•t unanimously approved by a vote of 4-0-0, the Ker^r
County On-Site Sewage Facility pr-agr•am Procedures and to
amend Paragrah C. 1, final phrase, to delete "shown an the
attached schedule," and to add "set by the Ker^r• County
Commissioners Co~.irt.

ORDER ND, ;_708
ADDF~7ING RULES OF
F:ERR COUNTY, TEXAS FOR
DN-SITE SEWAGE FRCILITIES
Dn this the c5th day of J~_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 N.er•r
County On-Site Sewage Facility (OSSF3 Fir^ogr^am pr•ocedur-es
for real estate transfer^s, with an effective date of July 1,
c001 for- all contr-acts entered into on or after July 1, c001,
and effective date for all transactions on transfer^s of August
1, c001 and authorize the Co~_inty Judge to sign same, as well
as the amendment to the current D. S. S. F. order.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUML'NTS TO BE_
REVIEWED BY THE COURT.
MADE BY: Larry OFFICE: Commissioners Court
MEETING DATE: June 25. 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving and adopting "Kerr County On-site Sewage Facility (OSSF)
Program Procedures for Real Estate Transfers" and authorize the County Judge to sign same on a
specified date.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
Commissioner Pct. #4
IF PERSONNEL 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:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

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 earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
BACK-UP FOR AGENDA ITEM ON THE OSSF PROPERTY TRANSFER
PROCEDURES
The attached procedures gives guidance and direction to everyone concerned on OSSF
real estate transfer inspections. I have coordinated this extensively with our DR through
several drafts over the last two weeks. I think it does what we want -empower the DR to
do his job, but indicate that we don't want to go unnecessary extremes in the inspection
process. It also has, I hope, a clear message that the court will stand behind our DR to
enforce state law and rules as well as our OSSF court order.
I urge that we go with this procedure as presented with the understanding, of course, that
we can make any changes we think are necessary, without having to involve the TNRCC
or anybody else.
Commissioner Pct. #4
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 Number
("Section 10") relating to actions to be taken at the time properties with one or more OSSF are
transferred by sale or contract for deed.
8. 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.
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 (qR) tal5p application fort transf and paying the necessary
fees as shown ~,(- (,.pnc•u..ni,~
2) The DR wilt oorMuct a search of the records availa e, 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.
It 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 ail is required by these
procedures. The Kerr County Commissioners Court strongly recommends that when acquiring property
with an OSSF the acquiring party should insist that the system meets state standards and be licensed
prior to closing.
A) Licensed Svstems
1) For a system Fcensed 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, if the DR can validate the license, ii will
be transferred. 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 accordance 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 if valid documentation (design w 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 transfered.
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 Systems
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 a 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 wilt be issued and transferred.
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 issuetl or transferetl.
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 Kerr
County OSSF order. However, the precise requirements will always depend on many variables incuding 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
including 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-bulk drawirgs," the applicant must be prepared to visually locate the tanks and all elements 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 performed 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 noncompliance 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 Kerr County Commissioners
CouR in accordance with Section 13 of the Kerr County OSSF order.
Fred Henneke, Kerr County Judge
Date
KERR COUNTY ON-SITE SEWAGE FACILITY (OSSF) PROGRAM
PROCEDURES FOR REAL ESTATE TRANSFERS
A. P RPOSE: These procedures implement Section 10 of Kerr County Commissioners Court Order
Number $ 0 ("Section 10") relating to actions to be taken at the time properties with one or more
OSSF are transferred 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 speck 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 transfer and
paying the necessary fees as set by the Kerr County Commissioners Court.
2) The DR will conduct a search of the records available, inGuding 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.
ft ~ 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 Ken County Commissioner: Court strongly recommends that when
acquiring property with an OSSF the acquiring party should Insist that the system meets state
standards and be licensed prior to closing.
A) Licensed ms
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, if the DR can
validate the license, ft will be transferred. 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 accordance with Section 10, systems licensed before October 1, 1992 will be Veated much
like unlicensed systems. However, the transfer inspection requirements for such systems can
be greatly reduced if 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 transferred.
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 H 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 t>e issued and transferred.
Page 7 of 2
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.
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 Kerr 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 identity 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-buiR 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 performed 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 Tines.
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.
APPLICANT'S APPEAL RIGHTS
An applicant has the right to appeal the determinations or decisions of the DR to the Kerr County
Commissioners Courtin accordance with Section 13 of the Kerr County OSSF order.
Fred Henneke, Kerr County Ju
a
D e
Page 2 of 2
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 are five 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 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.
~- Q/
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 /If day of July I.
,7
,- /,
Notary Public, State of Texas
n~ sovit
wrrooeM+asior+
lar.+rnya, fpop
~owoeo tr
ORDER NO.z~~~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.
2
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 6 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:
Is there a valid Lcense-to- Yes
Operate the OSSF on record
dated on or after
October 1.1992?
No
Was the License-to-Operate
the OSSF issued less than
19 years before the date of
the transfer?
No
M inspection sh~l be
requbedin accordance
wilhthe precedues aid
standards shown below.
(b)Inspection Procedures and Standards.
Yes Isthereawastehaulerrecerd
shwdng aq OSSF tools have
bin punped aril cleaned
wihin 3 years of the transfer?
No I Yes
Ho irspection shad be
regWred. License shah be
transferred to new owner or
cgMredor 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)0n 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.
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 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:
PASSED AND APPROVED THIS /5~ DAY OF~, 20~
APPROVED: ~6/
`/ County Judge
V ~~O TTEST:
~G
~} County C erk
~,99~_ s G