~;~1 ~~1~ ~l~ ~"~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: July 14, 2 3
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioners' Court
TIlVIE PREFERRED:
Consider and discuss proposed new 4SSF Rules and Regulations for Kerr Cotmty as recommended by
joint committee and setting public hearing on same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #3/Commissioner Pct. #4
T irtte for s~tbttiittirig this rec~riest fclr C~~urt to assure that the matter iy posted iii ~tcct~rci~tnce with Title ~, Chapier
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.

4 3 A.____~_ 1, ___ 2 t t 1 ~ fY`__ ~_ 1
ri ~ r~~Ct~u~l ttC(ii.IClt:i ~Vlll t/C St;iC~t1LrC1 ~)V tf~ie Cc)uilty _ludge Ollic;c tcl UGtGriilitlsr tf i~U~l~UdtC iilfttrt«atiOtl liaS liCCi!
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
d~J~1~Cl.lhLCl1 [I.11U l.(J11LIlUl1LC LUWA.LU~ yuil 1Cl.t(.IC~~ L/f:lIi~ A.UlI1CJJCl1 [~.t LI1G GA.LLtCJt UtJtJU1LU~I1lV. 5CG fi`~Ilila. i~Ei.~UCSI RL.tICJ
Adopted by Commissioners' Court.
ORDER NO.
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. CONFLZCTS.
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.
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.
The following paragraph shall be deleted from Subchapter A: General Provisions §285.3 General Requirements (f)
exemptions,
(2) No planning materials, permit, or inspection are required for an OSSF for a single family dwelling
located on a tract of land that is ten acres or larger and:
(A) the OSSF is not causing a nuisance or polluting groundwater,
(B) all parts of the OSSF are at least 100 feet from the property line;
(C) the effiuent is disposed of on the properly; and
(D) the single family dwelling is the only dwelling located on that tract of land.
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 14. 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. SEVERABILITX
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
approval as required by
Conservation Commission.
AND IT IS SO ORDERED:
PASSED AND APPROVED THIS
in full force and effect from and after its date of
law and upon the approval of the Texas Natural Resource
DAY OF
2003.
APPROVED:
ATTEST:
County Judge

County Clerk