~, } ~~~ Kathleen Hartnett White, Chairman ~ - ; •~, R. B. "Ralph" Marquez, Commissioner ~ _ ,'~ . , ~i. Larry R. Soward, Commissioner Margaret Hoffman, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution January 8, 2004 Honorable Pat Tinley County Judge, Kerr County 700 Main Street Kerrville, Texas 78028 Re: On-Site Sewage Facilities Order Dear Judge Tinley: Enclosed is a certified copy of an order issued by the Commission regarding the referenced matter. Should you have any questions, please contact Mr. Ken Graber of the Texas Commission on Environmental Quality On-Site Sewage Facilities Program, MC-178 at 512-239-4775. Sincerely, /w ~ ~U~ bert Mann, onager /Regulatory Compliance Section, MC-178 Compliance Support Division Enclosure P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us prin[ed nn me~iled pa~e~r u>in;! nuc-haseJ inF, ~l F. ~~~. Kathleen Hartnett White, Chairman \ R. B. "Ralph" Marquez, Commissioner E~. ; ~ ~,' ~ , ~,, Larry R. Soward, Commissioner Margaret Hoffman, Executive Director ~_ ' TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Profecting Texas by Reducing and Preventing Pollution January 8, 2004 Honorable Pat Tinley Kerr County 700 Main Street Kerrville, Texas 78028 RE: County of Kerr This letter is your notice that the Texas Commission on Environmental Quality (TCEQ) e~ecuti~~e director has issued tinal approval of the above-named application or re~ish-ation. You may file a motion to overturn with the chief clerk. A motion to overturn is a request for the commission to review the TCEQ executive director's approval of the application or registration. Any motion must explain why the commission should review the TCEQ executive director's action. A motion to overturn must be received by the chief clerk within 23 days after the date of this letter. An original and 11 copies of a motion must be filed with the chief clerk in person or by mail. The Chief Clerk's mailing address is Office of the Chief Clerk (MC 105), TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. On the same day the motion is transmitted to the chief clerk, please provide copies to Stephanie Bergeron, Environmental Law Division Director (MC 173}, and Blas Coy, Public [ntcrest Cotmsel (MC 103), both at the same TCEQ address listed above. If a motion is not acted on by the commission within 45 days after the date of this letter, then the motion shall be deemed ovemiled. Individual members ofthe public may seek further information by calling the TCEQ Office of Public Assistance, toll free, at 1-800-687-4040. Sincerely, r I~aDonna Ca tanuela ~~~ ~'ltief Clerk LDC/res ~,~?~'~tE7T P1F.PER, i~RR . CIBRIC TDN$LD 3 p~'` ~~~ cc: Blas Coy, TCEQ Public Interest Counsel (MC 103) Ken Graber, TCEQ, On-Site Sewage Facilities Program (MC 178) P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us ~~ru-;i~J ~ ..u til~ii pa;~. i~ u.irr :-h:-,c~i ii~.k pct TEXAS COMMISSION ON ENVIRONMENTAL QUALITY c•r S~P~ E ~p ~ ~~ s ~ a~ IN THE MATTER OF THE APPLICATION § OF THE COUNTY OF KERB § FOR A TEXAS HEALTH AND SAFETY § CODE §366.031 ORDER § s _ ~ ~ ~ ~ ~~ ~ a ~~ -~ _. ~~ ~ ~ ~ ~ ~ ~ .52. c ~ ~ ~ ~ ~ ~w~.~~ ~~~ BEFORE THE EXECUT. ~ c .~-.~ ~ ~ DIRECTOR OF THE TES ~ ~ Z aU w ~ COMMISSION ON ~ a ~ x ~ ~ ~; ENVIRONMENTAL QU~1/'I~'~ ~ ~ on DEC 2 2 2003 the Executive Director of the Texas Commission on Environmental Quality ("Commission" or "TCEQ"), considered the application of the County of Kerr, ("Applicant" or "Kerr"), for an Order pursuant to §366.031, Texas Health and Safety Code ("Code"), and 30 Texas Administrative Code (TAC) §285.10 of the rules of the Commission. No person has requested a public hearing on the application, therefore the Executive Director, on behalf of the Commission, is satisfied that the Applicant has satisfied the requirements of §366.031 of the Code and, therefore, the Commission finds that the Kerr County Order should be approved. FINDINGS OF FACT The County of Kerr drafted a proposed amendment to the current order which regulates on-site sewage facilities. 2. On October 31, 2003 the County of Kerr caused notice to be published, in a newspaper regularly published and of general circulation, in Kerr's area of jurisdiction, of a public meeting to be held on Monday, November 3, 2003. 3. The County of Kerr held a public meeting to discuss the proposed amendment on November 3, 2003. 4. Kerr County Order regulating on-site sewage facilities was adopted on November 3 , 2003. 5. A certified copy of the minutes was submitted to the Texas Commission on Environmental Quality. U t c U IL V E c U oğ b~ 6. A certified copy of Kerr County Order was submitted to the Texas Commission on Environmental Quality. ,. 7. The order is at least equivalent to the standards of the Texas Commission on Environmental Quality. CONCLUSIONS OF LAW The above facts are conditions sufficient to issue this order pursuant to §366.031 of the Code. 2. Section 5.102 of the Texas Water Code authorizes the Commission to issue orders and make determinations necessary to effectuate the purposes of Chapter 366 of the Health and Safety Code. 3. Issuance of this order will effectuate the purposes of Chapter 366 of the Code. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THAT: 1. The County of Kerr is hereby authorized to implement Kerr County Order which regulates on-site sewage facilities. 2. Any amendments to Ken County Order must be approved by the Texas Commission on Environmental Quality. 3. The Chief Clerk of the Commission is directed to forward a copy of this Order to the Applicant and all other parties and to issue the Order and cause it to be recorded in the files of the Commission. Issued this date: ~GCi 2 2 200 Texas Commission on Environmental Quality For The Commission