Issue Summary

The state laws relating to On-Site Sewage Facilities are found in Chapter 285 of the Texas Administrative Code. These laws do not provide the Commissioners Court or the EHD with the authority to revoke a permit once it is vested.  The laws do provide procedures for the permit to be suspended if it is determined that there is a threat to public safety posed by the system.  In such a circumstance, the permit is suspended until it may be repaired in a manner deemed acceptable by the EHD.  If the system were never repaired, then the suspension would be permanent.   In this case, a majority in the Commissioners Court not only revoked the permit, which they had no authority to do, but they did so for reasons other than a threat to public safety.

Details

On May 31, 2007, Mark Kennedy, Special Counsel for Hays County, provided the Commissioners Court with a legal opinion in which he specifically states that the EHD did not have the authority to revoke the permit.  Here is an excerpt from that legal opinion.   “Once EHD provided its Notice of Approval and License to Operate, it did not have the authority to declare that license “Void”.”   If there is no legal authority for the EHD to revoke our permit, then neither is there legal authority for the Commissioners Court because both the EHD and the Court are authorizing agents of TCEQ. Judge Sumter and Commissioners Ingalsbe and Ford are trying to set a dangerous precedent that allows them to go after any property owner’s permits, any time they want. You can stop them! (See What You Can Do for more details.)