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COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson
MEETING DATE: January 27, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioner, Precinct 4
TIME PREFERRED:
Consider and discuss and take appropriate action to suspend, effective immediately,
Section 10 of the On-Site-Sewer-Facility Rules (Real Estate Transfer Inspection)
through July 31, 2003.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Precinct #4
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 will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
2 COMMISSIONER LETZ: I have -- I'm not sure it
3 will advise the Court, but a few comments. And I'm -- let
4 me start out by saying I've never been a fan of Section 10
5 or of the real estate transfer provision of Section 10. I'm
6 coming from a property rights standpoint; it's a bit of an
7 intrusion. And the fact that Commissioner Williams has said
8 "buyer beware," well, I think we are a buyer -- I'm a buyer
9 beware person, and I think we should be a buyer beware
10 county. I think that for us just to single out septic on
11 that doesn't make a lot of sense, to me. I mean, what about
12 the foundation? What about, you know, the paint? What
13 about everything else? And I think if you started going
14 down that road, all of a sudden we're becoming so intrusive.
15 That's a road that I don't want to go down.
16 So, I'm really -- I mean, I don't have a
17 problem at all with eliminating Section 10. I didn't like
18 it when we put it in there. It was kind of a -- how we got
19 to the current verbiage was a -- kind of a negotiation and
20 kind of an agreement amongst the Court to see how it worked.
21 I don't think it's worked real well. I think that, from my
22 conversations with Stuart Barron, I don't -- you know, I
23 don't mean to speak for Stuart, but there -- it's hard to
24 enforce what we've written. It's hard to know really what
25 to do. So I think we have problems with Section 10, and not
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1 necessarily with the concept of figuring out how to find
2 septics that are bad. I think we do need to do that.
3 But, that being said, I have a problem with
4 the public hearing right now. And I take -- in the light of
5 the next agenda item we're getting ready to get to do. And
6 I don't want to get into the situation that we got into last
7 time we looked at the septic, where we had three or four
8 public hearings on septic, and by the time we were done, the
9 public was so exasperated and so fed up, no one came to the
10 hearings any more. And if we go and do anything -- any kind
11 of a change under anywhere else in our septic rules, I'd
12 rather do it at one time. I'd rather let us get our act
13 together, get -- come up -- you know, figure out who's going
14 to administer the program, how we're going to do it, where
15 it's going to be done, and what exactly it's going to say,
16 spend a lot of time on that, and then do one public hearing
17 and get public input, rather than this piecemeal approach.
18 And, for that reason, I'm not going to vote for the public
19 hearing.
2p What 2 would much rather be in favor of doing
21 is get -- get it on the agenda for our next meeting, 'cause
22 I don't think we can do it this meeting. Suspend
23 enforcement of Section 10 for six months, in which case we
24 can then take that time -- 'cause I don't think it's working
25 right now. Take that time to come up with a -- and figure
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1 out where we're going on the whole septic issue for this
2 county. I think it's a better approach than to do a
3 piecemeal public hearing here and public hearing there.
4 Just my opinion.
5 COMMISSIONER WILLIAMS: I think that's a good
6 point to consider.
7 COMMISSIONER BALDWIN: I`ve heard more wisdom
8 at this table in the last 15 minutes than I had in years.
9 Good stuff.
10 COMMISSIONER NICHOLSON: Point of order.
11 Would it be permissible for me to amend the motion to --
12 from what I said earlier to suspend the enforcement of
13 Section 10 for six months?
14 JUDGE TINLEY: I don't think we can do it at
15 this meeting; it's not on the agenda as such. It would have
16 to be a posted item. I don't think a suspension of
17 enforcement would require public hearing, however.
18 COMMISSIONER LETZ: Right.
19 JUDGE TINLEY: I think this issue and the
20 motion before the Court right now is whether or not to hold
21 a public hearing on -- on the elimination of Section 10 on
22 the 24th of February at 10:30 a.m. And that, of course, is
23 in conformance with the agenda item.
24 COMMISSIONER NICHOLSON: I would be willing
25 to --
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1 COMMISSIONER BALDWIN: I'll withdraw my
2 second.
3 COMMISSIONER NICHOLSON: -- to defer this to
4 the next meeting and consider a proposal such as
5 Commissioner Letz proposed.
6 JUDGE TINLEY: Okay. You're withdrawing your
7 motion, then?
8 COMMISSIONER NICHOLSON: Yes.
9 JUDGE TINLEY: And you're withdrawing your
10 second?
11 COMMISSIONER BALDWIN: Yes, sir.
12 JUDGE TINLEY: Anybody want to take any
13 further action in connection with this particular item at
14 this time?
15 COMMISSIONER BALDWIN: I thought I withdrew
16 my second before he gets to withdraw his motion. No, sir.
17 Thank you very much for your courtesy.
18 JUDGE TINLEY: All right.
19 COMMISSIONER LETZ: And Commissioner
20 Nicholson and I will get together, make sure we're in
21 agreement with -- with what I was thinking about doing.
22 JUDGE TINLEY: Court will next move on to
23 Item 2.16, consider and discuss and take appropriate action
KERB COUNTY ON~tTE SEWAGE FACiLtTY (OSSF) PROGRAM
PROCEDURES FOR REAL ESTATE TRANSFERS
A PURPOSE: These procedures implement Section 10 of Kerr County Commissioners Court Order
Number 13 Q ('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 i, 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 transfer and
paying the necessary fees as set by the Kerc County Commissioners Court.
2) The DR will conduct a search of the records available, inGuding any recon:is 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 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 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 a!I 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 front the
r~eoord meets aq of the requirements of Section 10, the DR will conduct only those inspections
necessary th determine the validity of the Goense. Based on the inspection, if the DR can
validate the Coemse, it will be transfen+ed. If the C~oense cannot be validated, the system wiH 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 wilt be treated 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 applk;artt.
a) Based on the inspection, if the DR can determine that the system meets all ccrrrt'nt
state requirements, a new license wilt be issued and transferred.
b) Based on the inspection, if the DR determines that the system does not meet all
cwrtsnt state requirements but is not cxeating 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 cxeating a nuisance or a
threat to public health.
a) Based on the inspection, if the DR can determine that the system meets ap currant
state requin:ments, a license will be issued and transferred.
Page 1 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. tJetailed
instructions wilt 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 Ken- 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 qual"qty.
On the date of the site inspection applicant must be prepared to identify all components of the OSSF
system inGuding 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 performed by the applicant.
A) F~cpose 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.
8) 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 th the applicant within five business days. Incases of non-
compliance ttte DR will also communicate the repairs or replacements required for the system to be
returned fio operation.
APPLICANT'S APPEAL RIGHTS
An applicant has the right to appeal the determinations or decisions of the DR to the Kerr County
Commissioners Court in accordance with Section 13 of the Kerr County OSSF order.
Fred Henneke, Kerr County Ju
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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 KERB
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 make at or near the time or reasonably soon
thereafter. The record attached hereto is the original or exact duplicate of the official record. ,
~~1
~ Jannett Pieper '
BEFORE ME, the undersigned authority, a Notary Public in and for Kerr County, Texas, on this
day personally appeared 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 /~ day of July 1.
otary Pubhc, State of Texas
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