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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: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: February 13, 2006 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action regarding
report from Environmental Health Director Miguel Arreola indentifying an un-permitted
septic system installation on Jerry Wheatcraft property located at 6133 Hwy 27, Center
Point. Current status.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, Miguel
Arreola.
ESTIMATED LENGTH OF PRESENTATION: undetennined.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
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 Courrty Judge's Office to determine if adequate
information has been prepazed for the Court's formal consideration and action at time of Court
meetings. Your cooperation is apprceiated and contributes toward your request being addressed
at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
q Pax °F,~ Kerr County Environmental Health Department
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°°`°°r °``' MEMORANDUM
TO: Commissioner William "Bill', Williams
FROM: Miguel Arreola, Director
DATE: November 21, 2005 ~ J
RE: Existing un-permitted septic system installation on
Jerry Wheatcraft property located at 6133 Highway 27,
Center Point, Kerr County, Texas
For your information, I am forwarding the attached copy of correspondence to Mr.
Wheatcraft and the supporting documentation for this case.
The building and RV are connected to the existing un-permitted septic system. We are
doing our best to resolve this situation by December 14, 2005, according to the deadline
on letter to property owner dated November 14, 2005.
The owner was given notice to make an application for a Development Permit and submit
planning materials and a Site Evaluation to begin the process of installing an approved
septic system.
Mr. Wheatcraft contacted our office last week to request a copy of the application for
Development Permit and ask for information. We will wait for him to submit the
application and will stay on top of the situation to ensure compliance. We will keep you
informed.
If you have any other questions or need more detailed information, please contact me.
November 14, 2005
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Jerry Wheatcraft
Wheatcrafr Materials
P.O. Box 290068
Kerrville, Texas
RE: Existing un-permitted septic installation on property located at
6133 Highway 27, Center Point, Kerr County, Texas
Dear Mc Wheatcraft:
After consulting with the County Attorney for clarification of premises according to 1'rt/e
30, TAC Chapter 285.3 (dj[/jr'2J, we must inform you that the septic system installed on
the above-referenced property does not qualify for the exemption criteria.
You must have an approved septic system installed on your property within 30 days of the
date of this letter. Please complete and submit an application along with Planning
Materials and Site Evaluation information to this office.
We must hear from you by December 14, 2005 or we will be forced to turn this case over
to the County Attorney's for compliance measures.
We are very fortunate to have such clean streams and water supplies, and we all want to
protect them for the future. If you have any questions or concerns, please contact our
office.
Miguel r ola, Director
Environme [al Health Department
D.R., Kerr ounty, OS 12467
MA:jt
cc: Septic Complaint File No. COS-090
Enc. Application for Development Permit
Selecting & Permitting Brochure
Professionals List
Table X. Mininum Required Separation Distances for On-Site Sewage Facilities
"fable XIII. Disposal and Treatment Selection Criteria.
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KERR COUNTY ATTORNEY
COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET
November 10, 2005
Miguel Arreola
Director Envirorunental Health Department
RE: November 8 memo seeking clarification of premises
Dear Miguel:
NOV 1 6 2D05
REX ~MERSON
KERRVILLE, TEXAS 78028
You have asked for a clarification of use of premises pursuant to Texas Administrative
Code Section 285.3(d)(f)(2).
The facts as I understand them are that you investigated a mining property in excess often
acres and found that a septic system had been installed to service an office building and a RV. The
owner asserts that he sleeps there on occasion and therefore the connected facilities constitute a
single family dwelling. The issue is whether the connected facilities under the above stated facts
constitute a "single family dwelling."
"Single Family Dwelling" is defined in Section 285.2(66) as "a structure that is either built
on or brought to a site, for the use as a residence for one family. A single family dwelling includes
all detached buildings located on the residential property and routinely used o~ by members of
the household of the single family dwelling."
The Texas courts and the Attorney General have consistently stated that common words
should be used in their common meaning. Websters dictionary defines a residence "as the act or
fact of dwelling in a place for some time; the place where one actually lives as distinguished from
his domicile or place of temporary sojourn. The Texas Administrative Code in other chapters
defines a residence dwelling as the place you usually live during a major portion of the calendaz
year.
Under the above stated facts it is my opinion that the structure does not meet the
definition of a "single family dwelling." The structure is located on a commercial property. The
stmcture consists of an office presumably used by all employees, contractors and visitors to the
commercial property; and a RV that is not the place the owner actually lives. The facilities
described above more clearly fall under the administrative code definition of "commercial facility."
MAIN NUMBER (830) 792-2220 ~ HOT CHECKS (830) 792-2221 FAX (830) 792-2228
Should additional facts arise please contact me at your convenience to discuss the above
situation.
Rex Emerson

NOV 1 0 2005
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~~' °F Kerr County Environmental Health Department
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"""°``E MEMORANDUM
TO: Rex Emerson, County Attorne
FROM: Miguel Arreola, Director
DATE: November 8, 2005
RE: Clarification of use of premises according to
Chapter 285.3. (d)(f)(2)
We are requesting your opinion on the use of premises according to Chapter 285.3. (d)(f)(2). (see
attached)
We recently investigated Case # COS-090, Wheatcraft Inc. and found that a septic system has
been installed to serve the office building and an RV without a Permit. The property is over 10
acres and is used for mining purposes.
The office building also includes a bedroom, bathroom and a washing machine. The owner argues
he sleeps there overnight sometimes, therefore, this structure can be termed a single family
dwelling.
We believe the purpose of the structure is for other than a single family residence.
If this is ruled as a no_n single family residence then the owner will need to apply for a
Development Permit.
Your opinion is greatly appreciated.
If you have any other questions or need more detailed information, please contact me
Page 9
(A) at the close of the inspection, advise the owner and the owner's agent, if present,
of the deficiencies identified and that the OSSF cannot be used until it passes inspection; and
(B) within seven calendar days after [he inspection, issue a letter [o the owner and
the owner's agent listing the deficiencies identified and stating [ha[ [he OSSF cannot be used until it passes
inspection.
(5) IE a reinspection is necessary, a reinspection fee may be assessed by the permitting
authority.
(6) The reinspec[ion fee must be paid before [he reinspec[ion is conducted.
(e) Notice of Approval.
(1) Within seven calendar days after [he OSSF has passed the construction inspection, the
permitting authority shall issue, to the owner or owner's agent, a written notice of approval for the OSSF.
(2) The notice of approval shall have a unique identification number, and shall be issued
in the name of the owner.
(f) Exceptions.
(1) An ownerof an OSSF will not be required to comply with the permitting, operation, and
installation requirements of this chapter if the OSSF is not creating a nuisance and:
(A) the OSSF was installed before September 1, 1989, provided the system has not
been altered, and is not in need of repair; ,
(B) the OSSF was installed before the effective date of the order, ordinance, or
resolution in areas where the local governmental entity had an approved order, ordinance, or resolution dazed
before September 1, 1989, provided the system has not been altered and is not in need of repair, or
(C) theownerreceivedauthorizationtocons[ructfromapernittingauthoritybefore
the effective date of this chapter.
(2) No planning materials,permit,orinspec[ionazerequiredforanOSSFforasinglefamily
dwT elling located on a tract of land that is [en acres or lazger 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 effluent is disposed of on the property; and
(D) the single family dwelling is the only dwelling located on that tract of land.
(3) Connecting recreational vehicles or manufactured homes to rental spaces is not
considered constmction if the existing OSSF system is not altered.