OR~~ER NC. ~7%+G8
aPi='ROVRI_. RMF:NDINO COURT ORDF_R N0. c7QIL-1'Z~
ON-SITE SEWRP~E FRCIt_ITIES
On ''~_his ttn= 2'_~tt~ Jay of Dlarcli '~t~0
Commie;sioner 6r•iffin, sE~._~onded try
unanimo~_isly approved by a vote of
Plumbara ~?~~t3~ and E70'"/^ to delete
of the fCerr- Co~_inty On--Site Sewage
for• real estate tr•ansfer•s".
_, ~_~pon motion mtvde by
Commissioner- Let z, the Coy-v-t
4-0-0, to amend Order•
the reference +.o "adoption
Facility pr-ogr•am pr•ocedur•es


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 OFFICE: Commissioner, Precinct 4
MEETING DATE: March 25.2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss amending Court Order No. 27080 ("Adopting Rules of Kerr
County, Texas for On-Site Sewage Facilities") to delete the reference to adoption of the
Kerr County On-Site Sewage Facility (OSSF) Program Procedures for Real Estate
Transfers.
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:

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 towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
5:00 P.M. previous Tuesday.
^ I received a phone call from Ken Graber at TNRCC regarding a recent review of our
OSSF rule by TNRCC.
Our rule is fine. TNRCC just has a problem with the portion of the order (27080,
attached) relating to the separate procedures document it refers to. They say that if the
procedures document is in the form of a court order, it has to be a part of our rule
(27079). Mr. Graber recommends that to solve the problem we amend the order to drop
the reference to the procedures document. TNRCC has no argument with the content
of either order, only the implementation method.
THIS AMENDMENT REQUIRES NO CHANGE TO OUR CURRENT RULES OR
PROCEDURES.
Larry Griffin
,~-

ORDER NO. c^^7080
ADOPTING RULES OF
KERB COUNTY, TEXRS FDR
ON-SITE SEWRGE FACILITIES
On this the 5th day of J~,ine 2001, upon motion made by
Commissioner- Griffin, seconded by Commissioner Williams, the
Court unanimously approved by vote of 4-0-0, to adopt the Kerr
County On-Site Sewage Facility (OSSF) Program F'r•ocedur•es
far real estate transfers, with an effective date of July 1,
2001 for- all contracts entered into on or• after July 1, 2001,
and effective date for all transactions on transfers of August
1, 2001 and authorize the County Judge to sign same, as well
as the amendment to the current O. S. S. F. order.
KERR COUNTY ON-SITE SEWAGE FACILITY (OSSF) PROGRAM
PROCEDURES FOR REAL ESTATE TRANSFERS
A P RPO $ OThese procedures implement Section 10 of Ker 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 safe or contract for deed.
B. DEFINITfONS: 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 icensed before October 1, 1992.
Note: The determining factors for establishing which category applies to a specific OSSF depend
only on inforrnatfon available from validated records.
C. DETERMINING CATEGORY. INSPECTION REQUIREMENTS AND SYSTEM STATUS:
1) The transfer process always begins with the applicam or the applicanCs 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 OR will conduct a search of the records available, inGuding any records provided by the applicant
Kthey 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.
k to 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 Commlasioners Court strongly recommends that when
"- acquiring property with an OSSF the acquiring party should Insist that the system meets state
standards and be dcensed prior to closing.
A) Licensed terns
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 wilt be required, and the
license will be transferred.
2) For a system i'rcerrsed on or after October 1, 1992, which the DR pnrx# determine from the
record meets all of the requirements of Section 70, the DR wtll conduct only those inspections
necessary to determine the validity of the license. Based on the inspection, if the DR can
validate the license, R 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 atx:or7ance with Section 10, systems licensed before October 1, 1992 will be treated much
like unlicensed systems. However, the transfer inspector requirements for such systems can
be greatly reducedd valid docrementation (design os 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 aB current
state requirements, a new license will be issued and transferred.
b) Based on the inspection, "rf 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
transferted.
B. t Inlicens~S~stems
1) Unlicensed systems will necessarily require more extensive and invasive inspections to
'"' determine'rf they meet the basic requirements of state law by not creating a nuisance or a
threat to public health.
a) Based on the Inspection, d the DR can determine that the system meets ati current
state requirements, a license wAl be issued and transfered.
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~ b) Based on the inspection, ff the DR determines that the system does not meet all
curront state requirements but is not creating a nuisance or a hazard to health, the
applicant may continue Eo operate the system. No license will be issued or
transfered.
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. Defailed
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 Ker County OSSF order. However, the precise requirements will
always depend on many variables including the age of the system, its valid documentation, and iLs
potential threat to publk: health and water quality.
On the date of the site inspection applicant must be prepared to identity all components of the OSSF
system including the tank(s) and the disposal system including drain fields, dean 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 alt 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 lines.
FoNowing the inspection by the DR, the DR wid determine the compliance or ttoncampliance status of the
system and communicate the information to the applicant within five business days. In cases of non-
comptrance the DR wifl also communicafee the repairs or replacements required for the system to be
returned to operation.
APPLICANTS APPFJtL RIGHTS
An appdcant has the right to appeal the determinations or decisions of the DR M the Kerr County
Commissioners Courtin accordance with Section 13 of the Kerr County OSSF order.
~ "Fred H~~ my Ju
a
DiJ e
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