ORDER NO. 28241
PUBLIC HEARING FOR OSSF RULES
On this the 25th day of August, 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by a vote
of 4-0-0, to set a Public Hearing for September 8, 2003 at 10:00 A.M. for the proposed
new OSSF Rules and Regulations for Kerr County.
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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 B Jonathan Letz OFFICE: Commissioners' Court
MEETING DATE: Au ,gust 25, 2003 TIlVIE PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss proposed new OSSF Rules and Regulations for Kerr County 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:
Comm. Pct. #3/Comm. Pct. #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: 5:00 P.M. previous Tuesday.
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 Conunissioners' Court.
COUNTY OF KERR Ss
STATE OF TEXAS Ss
AFFIDAVIT
Before me, the undersigned authority, personally appeared who, being by
Me duly sworn, deposed as follows:
My name is , 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
( )pages of records known as (Order) .The records are kept by me as County
Clerk, County of Ken, 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 made at or near the time or reasonably soon thereafter. The record attached hereto is the original or
exact duplicate of the official record.
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally
appeared ,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 purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20
(SEAL)
Notary/Public, State of Texas
My commission expires:
ORDER ADOPTING RULES OF KERB COUNTY, TEXAS
FOR ON-SITE SEWAGE FACILITIES
PREAMBLE
WHEREAS, the Texas Commission on Environmental Quality has established Rules 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 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 public meeting 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, 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
Facilities", which shall read as follows
SECTION 4. CONFLICTS.
This Order repeals and replaces any other On-site Sewage Facility Order for Kerr County.
SECTION 5. CHAPTER 366.
The County of Kerr, Texas clearly understands that there are technical criteria, legal
requirements, and administrative procedures and duties associated with regulating on-site sewage
facilities, and will fully enforce Chapter 366 of the Texas Health and Safety Code (H&SC) and Chapters
7 and 37 of the Texas Water Code (TWC), and associated rules referenced in Section 8 of this Order.
AN ORDER ENTITLED ON-SITE SEWAGE FACILITIES
SECTION 6. AREA OF JURISDICTION.
(A) 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.
(B) These Rules shall apply to those incorporated cities or towns that have executed
intergovernmental contracts with Kerr County, Texas.
SECTION 7. ON-SITE SEWAGE FACILITY RULES.
Any permit issued for 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, Title 30 Texas Administrative Code (TAC) Chapter 285 and Chapter 30, attached
hereto, promulgated by the Texas Commission on Environmental Quality for on-site sewage facilities 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 Rules, 30 TAC Chapters 30 and 285 and all future amendments and revisions thereto are
incorporated by reference and are thus made a part of these Rules. A copy of the current Rules are
attached to these Rules as Appendix I.
SECTION 10. AMENDMENTS.
The County of Kerr, Texas wishing to adopt more stringent Rules for its On-Site Sewage Facility
Order understands that the more stringent conflicting local Rule shall take precedence over the
corresponding Texas Commission on Environmental Quality requirement. Listed below are the more
stringent Rules adopted by Kerr County, Texas:
(A) Regardless of the acreage involved, any new construction, alteration, or extension of an
OSSF located within the Kerr County, Texas, is required to be permitted and licensed.
SECTION 11. DUTIES AND POWERS.
The OSSF Inspector of Kerr County, Texas, must be certified by the Texas Commission on
Environmental Quality before assuming the duties and responsibilities.
SECTION 12. COLLECTION OF FEES.
All fees collected for permits and/or inspections shall be made payable to Kerr County, Texas.
SECTION 13. APPEALS.
Persons aggrieved by an action or decision of the designated representative may appeal such
action or decision to the General Manager of the organization contracted by the Commissioners Court of
Kerr County, Texas to administer the Court's OSSF program. If the aggrieved person is unsatisfied with
the General Manager's decision or there has been no action taken within atwo-week period from the date
the correspondence was submitted to the General Manager's Office (the General Manager's office shall
issue a receipt for all correspondence of this nature), the aggrieved person may appeal to the
Commissioners Court of Kerr County, Texas.
If Kerr County chooses to administer the OSSF program, persons aggrieved by an action or
decision of its designated representative may appeal such action or decision to 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, Chapters 7, 26, and 37 of the Texas Water Code and 30 TAC Chapters 30 and 285.
SECTION 1 S. 5EVERABILITY
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. 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 Commission on Environmental Quality.
AND IT IS SO ORDERED:
PASSED AND APPROVED THIS DATE OF , 20_
APPROVED:
(SEAL)
County Judge
ATTEST:
County Clerk