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Home My WebLink AboutOrdinance - 2007-O0021 - Amending Chpt 12 Of Code For On-Site Sewage Facilities - 03/04/2007First Reading March S, 2007 Item No. 6.2 ORDINANCE NO. 2001-o0021 Second Reading March 22, 2007 Item No. 5.1 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK AND ADOPTING RULES OF LUBBOCK, TEXAS FOR ON-SITE SEWAGE FACILITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS. the Texas Commission on Enviromnental 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 enviromnental pollution; and WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local govermnent 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 City Council of Lubbock, Texas should enact an Ordinance controlling or prohibiting the installation or use of on-site sewage facilities in the City of Lubbock, Texas; and WHEREAS, the City Council of Lubbock, Texas finds that the use of on-site sewage facilities in the City of Lubbock, Texas is causing or may cause pollution, and is injuring or may injure the public health; and WHEREAS, the City Council of Lubbock, Texas has considered the matter and deems it appropriate to enact an Ordinance adopting Rules regulating on-site sewage facilities to abate or prevent pollution, or injury to public health in the City of Lubbock, Texas. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF LlJBBOCK. 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 the City of Lubbock, Texas is causing or may cause pollution or is injuring or may injure the public health; SECTION 3. THAT Sections 12-255 through 12-261 of the Code of Ordinances are repealed in their entirety and replaced with Section 12-255, which reads as follows: Section 12-255. On-Site Sewage Facilities: (a) Conflicts. This Ordinance repeals and replaces any other On~site Sewage Facility Ordinance for the City of Lubbock~ Texas. (b) Chapter 366 of the Health and Safety Code. The City of Lubbock, 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 12-255(e) of this Ordinance. (c) Area of Jurisdiction. The Rules shall apply to all the area lying within the incorporated limits of the City of Lubbock, Texas. (d) On-Site Sewage Facility Rules. Any permit issued for an on-site sewage facility within the jurisdictional area of the City of Lubbock, Texas must comply with the Rules adopted in Section 12-255(e) of this Ordinance. (e) On-Site Sewage Facility Rules Adopted. The Rules, Title 30 Texas Administrative Code (TAC) §285.1-§285.91and TAC 1 30, attached hereto as Appendix I, promulgated by the Texas Commission on Environmental Quality for on-site sewage facilities are hereby adopted, and all officials and employees of the City of Lubbock, Texas having duties under said Rules are authorized to perform such duties as are required of them under said Rules. (f) Incorporation by Reference. The Rules, 30 T AC 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 is attached to these Rules as Appendix I. (g) Amendments. The City of Lubbock, Texas wishing to adopt more stringent Rules for its On-Site Sewage Facility Ordinance understands that the more stringent conflicting local Rule shall take precedence over the corresponding Texas Commission on Environmental Quality requirement. Listed below is the more stringent Rule adopted by the City of Lubbock, Texas: None (h) Duties and Powers. The Health and Environmental Inspector of Lubbock County, Texas is hereby declared the designated representative for OSSF for the enforcement of this Ordinance within its jurisdictional area. The appointed individual(s) must be certified by the Texas Commission on Environmental Quality before assuming the duties and responsibilities. (i) Collection of Fees. All fees collected for permits and/or inspections shall be made payable to the City of Lubbock, Texas, unless provided otherwise in a contractual relationship between the City of Lubbock and Lubbock County, Texas. (j) Appeals. Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the City Council of Lubbock, Texas. (k) Penalties. In addition to 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, violation of any provision of this Ordinance shall be deemed a misdemeanor and subject to fines and penalties as provided in Section 1-4 of the Code of Ordinances. SECTION 4. SEVERABILITY THAT It is hereby declared to be the intention of the City Council of Lubbock, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance 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 Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of such unconstitutional phrases, clause, sentence, paragraph, or section. SECTION 5. EFFECTIVE DATE. THAT this Ordinance 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. SECTION 6. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 5th day of March Passed by the City Council on second reading this 22nd day of March ATTEST: ~~·~ Rebccac;arza, City secretafY APPROVED AS TO CONTENT: ~~ Tomm~, Health Director Dan Derutison, Director of Environmental Compliance APPROVED AS TO FORM: ~ --............. Richard K. Casner, First Assi~t City Attorney as/CityAtt!RichardiOrdinance-OSSF December I 3, 2006 '2007 '2007 Ordinance No. 2001-oo021 Appendix I I of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE **-THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.1 (2007) § 30.1. Authority The provisions in this chapter are issued under the authority of Texas Water Code, Chapter 37. SOURCE: The provisions ofthis § 30.1 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: Pagel CROSS-REFERENCES: This Chapter cited in 30 TAC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 2 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART l. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS DIVISION 7. INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE 30 TAC § 30.3 (2007) § 30.3. Purpose and Applicability Page2 (a) The pw:pose of this chapter is to consolidate the administrative requirements and establish uniform procedures for the occupational licensing and registration programs prescribed by Texas Water Code, Chapter 37. This subchapter con- tains general procedures for issuing, renewing, denying, suspending, and revoking occupational licenses and registra- tions. Subchapters B -K of this chapter (relating to Backflow Prevention Assembly Testers; Customer Service Inspec- tors; Landscape Irrigators and Installers; Leaking Petroleum Storage Tank Corrective Action Project Managers and Specialists; Municipal Solid Waste Facility Supervisors; On-Site Sewage FaciJities Installers, Apprentices, Designated Representatives, Maintenance Providers, and Site Evaluators; Water Treatment Specialists; Underground Storage Tank On-Site Supervisor Licensing and Contractor Registration; Wastewater Operators and Operations Companies; and Pub- lic Water System Operators and Operations Companies) contain the program-specific requirements related to each pro- gram. (b) This chapter applies to applications for issuance or renewal of licenses or registrations that are received on or after January 1, 2002, except that maintenance providers are not required to obtain a registration as a maintenance pro- vider prior to September 1, 2006. (c) The requirements of this chapter apply to the following occupational licenses and registrations: (1) backflow prevention assembly testers; (2) customer service inspectors; (3) landscape irrigators and installers; (4) leaking petroleum storage tank corrective action specialists and project managers; (5) municipal solid waste facility supervisors; (6) on-site sewage facility installers, designated representatives, apprentices, maintenance providers, and site evaluators; (7) water treatment specialists; (8) underground storage tank contractors and on-site supervisors; (9) wastewater operators and operations companies; and (10) public water system operators and operations companies. SOURCE: The provisions of this§ 30.3 adopted to be effective December 17,2001, 26 TexReg 10330; amended to be effective March 1, 2006, 31 TexReg l301 Page 3 30 TAC § 30.3 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Defmitions); 30 TAC § 330.3, (relating to Definitions); 30 TAC § 330.59, (relating to Contents of Part I of the Application). This Subchapter cited in 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.247, (relating to Registration of Maintenance Providers). 3 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART l. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS DIVISION 7. INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE 30 TAC § 30.5 (2007) § 30.5. General Provisions Page4 (a) A person must be licensed or registered by the commission before engaging in an activity, occupation, or profes- sion described by Texas Water Code,§§ 26.0301,26.3573,26.452, 26.456, 34.007, or 37.003, or Texas Health and Safety Code, §§ 341.033, 341.034, 341.102, 341.103, 361.027, 366.014, 366.071, or 366.0515. The commission shall issue a license or registration only after an applicant has met the minimum requirements for a license or registration as specified in this chapter. (b) A person may not advertise or represent themselves to the public as a holder of a license or registration unless that person possesses a current license or registration. A person may not advertise or represent to the public that it can perform services for which a license or registration is required unless it holds a current license or registration, or unless it employs individuals who hold current licenses. (c) The executive director may contract with persons to provide services required by this chapter. The commission may authorize contractors to collect reasonable fees for the services provided. (d) Licenses and registrations are not transferrable. (e) New licenses shall not be issued to employees of the commission who have regulatory authority over the rules of this chapter. SOURCE: The provisions ofthis § 30.5 adopted to be effective December 17,2001,26 TexReg 10330; amended to be effective March 1, 2006, 31 TexReg 130 I NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.3, (relating to Definitions); 30 TAC § 330.59, (relating to Contents of Part I of the Application). This Subchapter cited in 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.247, (relating to Registration of Maintenance Providers). 4 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS DIVISION 7. INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE 30 TAC § 30.7 (2007) § 30.7. Definitions PageS The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved training event--Instructor-led classroom training, conferences, seminars, workshops, association meetings, distance learning, or technology-based training that provides the knowledge and skills needed to perform oc- cupational job tasks that have been reviewed and approved by the executive director. (2) Aerobic treatment system owner--Persons that in their individual capacities own a single-family dwelling that is serviced by an on-site sewage disposal system using aerobic treatment. (3) Continuing education-Job-related training approved by the executive director used for renewal of licenses and registrations. (4) License--An occupational license issued by the commission to a person authorizing the person to engage in an activity covered by this chapter. (5) Maintenance provider--A person that, for compensation provides service or maintenance for one or more on-site sewage disposal systems using aerobic treatment. (6) Person--As defined in§ 3.2 of this title (relating to Definitions). (7) Registration--An occupational registration issued by the commission to a person authorizing the person to en- gage in an activity covered by this chapter. (8) Training credit·-Hours of credit allowed by the executive director for attendance at an approved training event. SOURCE: The provisions ofthis § 30.7 adopted to be effective December 17,2001,26 Tex.Reg 10330; amended to be effective March 1, 2006,31 TexReg 1301 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.3, (relating to Definitions); 30 TAC § 330.59, (relating to Contents of Part I of the Application). This Subchapter cited in 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.247, (relating to Registration of Maintenance Providers). 5 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS § 30.10. Administration The executive director is responsible for: (I) reviewing applications; 30 TAC § 30.10 (2007) (2) developing, administering, and grading examinations; (3) issuing and renewing licenses and registrations; (4) maintaining records related to licenses and registrations; (5) maintaining a roster of current licenses and registrations; (6) collecting fees; (7) approving training for licensing credits; and (8) responding to complaints against licensees and registrants. SOURCE: The provisions of this§ 30.10 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: Page6 CROSS-REFERENCES: This Chapter cited in 30 TAC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I ofthe Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 6 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE •** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 •** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.14 (2007) § 30.14. Applications for Initial Registration Page7 (a) Applications for initial registrations shall be made on a standard form approved by the executive director. The ap- plication must be submitted to the executive director with the appropriate fee. (b) Supplemental information for each individual program shalt be submitted according to the specific requirements for each program. (c) Within 45 days after the date the executive director receives the application, the executive director shall notify the applicant in writing if all the registration requirements have been met. (d) All statements and qualifications provided by the applicant are subject to verification by the executive director. (e) Misrepresentation or falsification of any information may be grounds for rejection of an application or for en- forcement action. (f) All applications must be completed in full. All deficiencies must be corrected within two months of notification, or the application shall be considered invalid. (g) After verification that the requirements for registration have been met, the executive director shall mail the reg- istration no later than 45 days after the effective date of the registration. The registration shall be for the term specified in§ 30.30 of this title (relating to Terms and Fees for Licenses and Registrations). The effective date of the registration shall be the date the executive director issues the registration. SOURCE: The provisions ofthis § 30.14 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 285 .I, (relating to Purpose and Applicability); 30 T AC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451 , (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 T AC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 7 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 3 I, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.18 (2007) § 30.18. Applications for an Initial License Page 8 (a) Applications for initial licenses shall be made on a standard form provided by the executive director. The applica- tion must be submitted to the executive director with the fee according to§ 30.30 of this title (relating to Terms and Fees for Licenses and Registrations). The application must be submitted to the executive director before the applicant may take the examination. (b) Supplemental infonnation for each individual program shall be submitted according to the specific requirements for each program. (c) Within 45 days after the date the executive director receives the application, the executive director shall notify the applicant in writing if the licensing requirements have been met. (d) An approved application shall be valid for one year from the date of approval. (e) All statements and qualifications provided by each applicant are subject to verification by the executive director. (f) Misrepresentation or falsification of any information may be grounds for rejection of an application or for en- forcement action. (g) All applications must be completed in full. All deficiencies must be corrected within four months of notifica- tion, or the application shall be considered invalid. (h) An applicant must furnish evidence of any training credit, proof of education, or work experience when re- quested. (i) After verification that the requirements for license have been met, the executive director shall mail the license no later than 45 days after the effective date of the license. The license shall be for the term specified in§ 30.30 of this title. The effective date of the license shall be the date the executive director issues the license. SOURCE: The provisions ofthis § 30.18 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements ofPart I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 8 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.20 (2007) § 30.20. Examinations Page9 (a) The executive director shall prescribe the content of licensing examinations. Examinations shall be based on laws, rules, job duties, and standards relating to the particular license. (b) Examinations shall be graded and the results forwarded to the applicant no later than 45 days after the examina- tion date. The minimum passing score for an examination is 70%. (c) Any individual who fails an examination may repeat the examination after waiting 60 days. The examination may not be repeated more than three times within 12 months of the initial application approval. After one year or four examinations, whichever occurs first, a new application with a new fee must be submitted before the applicant may take the examination again. (d) Any qualified applicant with a physical, mental, or developmental disability may request reasonable accommo- dations to take an examination. (e) Examinations shall be given at places and times approved by the executive director. (f) The executive director shall provide an analysis of an examination when requested in writing by the applicant. The executive director shall ensure that an examination analysis does not compromise the fair and impartial administra- tion of future examinations. SOURCE: The provisions ofthis § 30.20 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 T AC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 T AC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 9 of 14 DOCUMENTS TEXAS ADMINJSTRA TIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.24 (2007) § 30.24. License and Registration Applications for Renewal (a) A license or registration may be renewed unless it has been: (I) expired for more than 30 days; (2) revoked; or (3) replaced by a higher class of license. (b) Applications for renewal must be made on a standard form provided by the executive director. Page 10 (I) The executive director shall mail a renewal application at least 60 days before the license or registration expires to the most recent address provided to the executive director. If a person does not receive a renewal application, the per- son is not relieved of the responsibility to timely submit a renewal application. (2) The person is responsible for ensuring that the completed renewal application, the renewal fee, and other re- quired information are submitted to the executive director by the expiration date of the license or registration. (c) The continuing education used to renew a license must be earned after the issuance date and before the expira- tion date of the license. Any remaining continuing education hours shall not be carried over to the next renewal period. (d) The executive director may renew a license or registration if the application is received by the executive director or is postmarked within 30 days after the license expires, and the person meets the requirements for renewal by the expi- ration date of the license or registration and pays all fees. (e) An individual whose license renewal application is not received by the executive director or is not postmarked within 30 days after the license expiration date must meet the current education, training, and experience requirements, submit a new application with the appropriate fee, and pass the examination. A person whose registration renewal appli- cation is not received by the executive director or is not postmarked within 30 days after the expiration date must submit a new application with the appropriate fee and meet all applicable requirements for a new registration. (f) The executive director may require specific training courses for renewal of a license on a case-by-case basis. (g) All licensees must notify the executive director of any change in the previously submitted application informa- tion within ten days from the date the change occurs. (h) All registration holders must notify the executive director of any change in the previously submitted application information within ten days after the month in which the change occurs. (i) Licenses and registrations that have renewal cycles in transition shall follow the renewal requirements in the ap- plicable subchapter. G) The executive director shall determine whether an applicant meets the renewal requirements of this subchapter. If all requirements have been met, the executive director shall renew the license or registration and send it to the appli- cant within 45 days after the date the executive director receives the renewal application. Page 11 30 T AC § 30.24 (k) The license or registration shall be valid for the term specified. (I) If the application is denied because the applicant does not meet the requirements, the executive director shall no- tify the applicant in writing within 45 days after the date the executive director receives the renewal application. (m) A person whose license or registration has expired may not engage in activities that require a license or regis- tration until the license or registration is renewed or a new license or registration has been obtained. SOURCE: The provisions ofthis § 30.24 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 30.125, (relating to Renewal of Certificates of Registrations). This Chapter cited in 30 T AC § 285.1, (relating to Purpose and Applicability); 30 T AC § 285.2, (relating to Defmi- tions); 30 TAC § 285.50, (relating to General Requirements); 30 T AC § 330.2, (relating to Definitions); 30 T AC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.40 I, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relating to License Re- quired). 10 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.26 (2007) § 30.26. Recognition of Licenses from Out-of-State Page 12 (a) Except for landscape irrigators and installers, the executive director may waive qualifications, training, or exami- nation for individuals with a good compliance history who hold a current license from another state, territory, or country if that state, territory, or country has requirements equivalent to those in this chapter. (b) A license may be issued after review and approval of the application, receipt of the appropriate fee, and verifi- cation of the license from the corresponding state, territory, or country. (c) The executive director may waive any of the prerequisites for obtaining a landscape irrigator or installer license, if the applicant is licensed as an irrigator in another jurisdiction that has a reciprocity agreement with the State ofTexas. (d) The executive director may require the applicant to provide infonnation about other occupational licenses and registrations held by the person, including: (I) the state in which the other license or registration was issued; (2) the current status of the other license or registration; and (3) whether the other license or registration was ever denied, suspended, revoked, surrendered, or withdrawn. SOURCE: The provisions of this§ 30.26 adopted to be effective D~ember 17, 2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 285. I, (relating to Purpose and Applicability); 30 T AC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 T AC § 344.1, (relating to Definitions); 30 T AC § 344.4, (relat- ing to License Required). 11 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.28 (2007) § 30.28. Approval of Training (a) Training used to meet the requirements for obtaining or renewing a license must: Page 13 (I) provide the knowledge or skills needed to perform one or more of the occupation's job tasks as determined by a job analysis or training needs assessment; and (2) be approved by the executive director before the training begins. (b) The executive director shall determine the number of hours of credit that shall be granted for approved training. (c) Training credit may be approved by the executive director for: (I) attendance at training courses, events, and seminars; (2) completion of computer or web-based training, correspondence course, or similar training; (3) association meetings, only when the meetings include training sessions containing subject matter related to the particular license; or ( 4) other professional activities, such as publication of articles or teaching training courses. (d) The executive director may rescind or deny training approval for good cause. SOURCE: The provisions ofthis § 30.28 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 T AC § 285.1, (relating to Purpose and Applicability); 30 T AC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 12 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.30 (2007) § 30.30. Tenns and Fees for Licenses and Registrations Page 14 (a) All licenses and registrations are valid for two years from the date of issuance, with the exception of the following licenses, which will be valid for three years: (1) backflow prevention assembly testers; (2) customer service inspectors; (3) Class A, B, C, III, and II wastewater operators; (4) Class A, B, and C public water system operators; (5) Class III, II, and I water treatment specialists; or (6) municipal solid waste facility supervisors. (b) The following licenses and registrations shall be transitioned from a one-year cycle to a two-year cycle: (1) landscape irrigator and installer, according to Subchapter D of this chapter (relating to Landscape Irrigators and Installers); and (2) underground storage tank on-site supervisor and contractor, according to Subchapter I of this chapter (relating to Underground Storage Tank Contractors and On-Site Supervisor Licensing and Contractor Registration). (c) The license fee is$ 70 for a two-year license and$ 105 for a three-year license. The license fee for wastewater operators, public water system operators, and customer service inspectors shall be based on $ 20 per year of the licens- ing tenn until January I, 2003. The total amount shall be paid with each initial and renewal application and is nonre- fundable. (d) Registration fees are established in the applicable subchapters of this chapter. (e) A fee of$ 20 shall be charged for each copy of the license or registration, or to replace a lost or damaged license or registration. (f) A convenience fee may be set by the executive director or service provider for alternative fee payment methods. A person using an alternative payment method is responsible for paying the convenience fee. (g) An examination or reexamination fee may be charged if the executive director designates an entity to administer the examinations. SOURCE: The provisions of this§ 30.30 adopted to be effective December 17,2001,26 Tex.Reg 10330 NOTES: Page 15 30 T AC § 30.30 CROSS-REFERENCES: This Section cited in 30 T AC § 30.14, (relating to Applications for Initial Registration); 30 TAC § 30.18, (relating to Applications for an Initial License); 30 TAC § 30.125, (relating to Renewal of Certificates of Registrations); 30 TAC § 30.185, (relating to Qualifications for License Renewal). This Chapter cited in 30 TAC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Defmi- tions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 T AC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relating to License Re- quired). 13 of 14 DOCUMENTS TEXAS ADMlNISTRA TIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES lN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS DIVISION 7. INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE 30 TAC § 30.33 (2007) § 30.33. License or Registration Denial, Warning, Suspension, or Revocation (a) The executive director may deny an initial or renewal application for: Pagel6 {I) insufficiency. The executive director shall notify the applicant of the executive director's intent to deny the ap- plication and advise the applicant of the opportunity to file a motion for reconsideration under§ 50.39 of this title (relat- ing to Motion for Reconsideration). The executive director may determine an application is insufficient for the follow- ing reasons: (A) failing to meet the licensing or registration requirements of this chapter; (B) being in default on loans guaranteed by Texas Guaranteed Student Loan Corporation (TGSLC) (the executive director shall proceed as described in Texas Education Code, Chapter 57) if identified by TGSLC and the application is for a renewal license or registration; or (C) if an out-of-state licensing program does not have requirements substantially equivalent to those of this chapter; (2) cause. After notice and opportunity for a hearing, the commission may deny an application for a license or reg- istration by an applicant who: (A) provides fraudulent information or falsifies the application; (B) has a poor compliance history as a licensee in another state; or (C) has a history in this or another agency program of violations of statutes or rules adopted under those statutes; (D) makes an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the commission by the applicant; (E) fails to keep and transmit records as required by a statute within the commission's jurisdiction or a rule adopted under such a statute; or (F) is indebted to the state for a fee, penalty, or tax imposed by a statute within the commission's jurisdiction or a rule adopted under such a statute. (b) If a person causes, contributes to, or allows a violation of this chapter, the executive director may issue a warn- ing Jetter. The letter shall be placed in the person's permanent file maintained by the executive director. This letter shall be a warning that further violations or offenses by the person may be grounds for suspension, revocation, enforcement action, or some combination. A warning is not a prerequisite for initiation of suspension, revocation, or enforcement proceedings. (c) After notice and opportunity for a hearing, the commission may suspend or revoke a license or registration on any of the grounds in Texas Water Code, § 7.303{b), or suspend or revoke a maintenance provider registration on any of the grounds in Texas Health and Safety Code,§ 366.0515(m). A license may also be suspended if a person is identified Page 17 30 TAC § 30.33 by the Office of the Attorney General as being delinquent on child support payments (upon receipt of a final order sus- pending a license or registration, the executive director shall proceed as described in Texas Family Code, Chapter 232). (d) A license or registration may be suspended for a period of up to one year, depending upon the seriousness of the violations. A license or registration shall be revoked automatically upon a second suspension. (e) The commission may revoke a license or registration for a designated term or permanently. If a license or regis- tration is revoked a second time, the revocation shall be permanent. (f) The following procedures for renewal apply to persons that have had their license or registration suspended. (I) If a license or registration expiration date falls within the suspension period, a person may renew the license or registration during the suspension period according to§ 30.24 of this title (relating to License and Registration Applica- tions for Renewal) and the applicable subchapters. (2) After the suspension period has ended, the license or registration shall be automatically reinstated unless the person failed to renew the license or registration during the suspension period. (g) Persons that have had their license or registration revoked shall not have their license or registration automati- cally reinstated after the revocation period. After the revocation period has ended, a person may apply for a new license or registration according to this chapter. SOURCE: The provisions ofthis § 30.33 adopted to be effective December 17,2001,26 TexReg 10330; amended to be effective March I, 2006, 31 TexReg 1301 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.3, (relating to Definitions); 30 TAC § 330.59, (relating to Contents ofPart I ofthe Application). This Subchapter cited in 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.247, (relating to Registration of Maintenance Providers). 14 of 14 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS 30 TAC § 30.35 (2007) § 30.35. Hearings Page 1& All hearings are to be conducted according to Chapters 70 and 80 of this title (relating to Enforcement and Contested Case Hearings). SOURCE: The provisions ofthis § 30.35 adopted to be effective December 17,2001,26 TexReg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements ofPart I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 T AC § 3 34.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 1 of 8 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page 1 SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGN A TED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.231 (2007) § 30.231. Purpose and Applicability (a) The purpose of this subchapter is to establish qualifications for issuing and renewing licenses and registrations for a person that: ( 1) constructs any part of an on-site sewage facility; (2) performs the duties of a designated representative; (3) perfonns the duties of a site evaluator; (4) perfonns the duties of an apprentice; or (5) perfonns the duties of a maintenance provider. (b) A person that performs any of the tasks listed in subsection (a) of this section must meet the qualifications of this subchapter and be licensed or registered according to Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations), unless exempt under§ 30.244 of this title (relating to Exemptions), and must comply with the requirements of Chapter 285 of this title (relating to On-Site Sewage Facilities). (c) A person that holds a Class "D" wastewater operator's license issued on or before August 31, 2006, and that per- forms maintenance to on-site sewage disposal systems using aerobic treatment shall be allowed to continue to perform maintenance-provider duties until August 31, 2008. To continue perfonning those duties after September 1, 2008, those individuals shall obtain an on-site sewage facility (OSSF) Installer II license or be employed by a maintenance company that employs at least one OSSF Installer II. An individual who perfonns maintenance to on-site sewage disposal sys- tems using aerobic treatment shall register as required by Subchapter A of this chapter. (d) Licenses, registrations, and certificates of registrations issued prior to January 1, 2002, remain in effect until they expire, or are replaced or revoked by the commission. SOURCE: The provisions of this§ 30.231 adopted to be effective December 17.2001,26 TexReg 10330; amended to be effective March 1, 2006,31 TexReg 1301 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.3, (relating to Definitions); 30 TAC § 330.59, (relating to Contents ofPart I ofthe Application). 2 of 8 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page2 SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGNATED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.237 (2007) § 30.237. Defmitions The definitions in Chapter 285 of this title (relating to On-Site Sewage Facilities) apply to this subchapter. SOURCE: The provisions ofthis § 30.237 adopted to be effective December 17,2001,26 TexReg 10330; amended to be effective September 11, 2003, 28 TexReg 7756 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Definitions). 3 of 8 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page3 SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGNATED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.240 (2007) § 30.240. Qualifications for Initial License (a) To obtain an Installer I license, an individual must have: (I) met the requirements of Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations); (2) completed the Installer I basic training course; and (3) passed the Installer I examination. (b) To obtain an Installer II license, an individual must have: (I) met the requirements of Subchapter A ofthis chapter; (2) met one of the following requirements: (A) held an Installer I license for at least one year; (B) held an Installer I license for six months and possessed an apprentice registration for at least one year before June 13, 2001; (C) held an apprentice registration for at least two years; or {D) previously possessed an Installer II license; (3) completed the Installer II basic training course; (4) passed the Installer II examination; and (5) met the experience requirements. Applicants for an Installer II license must submit statements attesting to the individual's work experience. Such statements shall include a description of the type of on-site sewage facility (OSSF) work that was perfonned by the individual and the physical addresses where the activity occurred. The experience shall be actual work accomplished under the license or registration. The number of systems will not substitute for the time required. Experience requirements are: (A) verified experience as an Installer I. The individual shall submit either: (i) sworn statements from at least three individuals for whom the applicant perfonned construction services, state· ments cannot be provided by individuals related to the applicant or applicant's spouse, such as a child, grandchild, par· ent, sister, brother, or grandparent; (ii) a sworn statement from a designated representative who has approved a minimum of three installations per- fonned by the individual; or (iii) other documentation of the individual's work experience, approved by the executive director; Page4 30 TAC § 30.240 (B) verified experience as an apprentice. An individual shall submit either: (i) a sworn statement from the installer for whom the individual performed construction services; (ii) a sworn statement from a designated representative who witnessed the individual working on at least six OSSF installations; or (iii) other documentation of the applicant's work experience, approved by the executive director. (c) To obtain a designated representative license, an individual must have: ( 1) met the requirements of Subchapter A of this chapter; (2) completed the designated representative basic training course; and (3) passed the designated representative examination. (d) To obtain a site evaluator license, an individual must have: (l) met the requirements of Subchapter A of this chapter and§ 30.246 of this title (relating to Application for Site Evaluator); and (2) met the following requirements: (A) complete the site evaluator basic training course; (B) pass the site evaluator examination; and (C) possess a current Installer II license, designated representative license, professional engineer license, profes- sional sanitarian license, or professional geoscientist license in the soil science discipline (an individual who maintains a current license through the Texas Board of Professional Geoscientists according to the requirements for professional practice). SOURCE: The provisions of this§ 30.240 adopted to be effective December 17,2001,26 Tex.Reg 10330; amended to be effective September I 1, 2003, 28 TexReg 7756 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 30.242, (relating to Qualifications for License Renewal); 30 T AC § 30.246, (relating to Application for Site Evaluator). This Chapter cited in 30 TAC § 330.2, (relating to Defmitions). 4 of 8 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page 5 SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGNATED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.242 (2007) § 30.242. Qualifications for License Renewal (a) To renew an Installer I, Installer II, designated representative, or site evaluator license, an individual must have: ( 1) met the requirements in Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations); and (2) completed a minimum of 16 hours of approved continuing education. For an individual with a current site evaluator license that expires before August 1, 2004, the individual must have completed a minimum of eight hours of approved continuing education. (b) In addition to the requirements in subsection (a) of this section, an individual renewing a license for site evalua- tor shall demonstrate possession of a current license specified in§ 30.240(d)(2)(C) of this title (relating to Qualifica- tions for Initial License). SOURCE: The provisions of this§ 30.242 adopted to be effective December 17,2001,26 TexReg 10330; amended to be effective September It, 2003, 28 TexReg 7756 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Definitions). 5 of 8 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page6 SUBCHAPTER G. ON-SITE SEW AGE FACILITIES INSTALLERS, APPRENTICES, DESIGN A TED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.244 (2007) § 30.244. Exemptions (a) Persons that in their individual capacities: (I) own a single-family dwelling are not required to be a licensed installer in order to install or repair an on-site sewage facility (OSSF) on the individual's property. This provision does not apply to property that is to be developed for sale or lease. If the owner compensates a person to construct any portion of an OSSF, the individual performing the work shall be a licensed installer. The owner shall meet all permitting, construction, and maintenance requirements of the permitting authority. The site evaluation must be performed by an individual who possesses either a current site evaluator or a professional engineer license; (2) own a single-family dwelling that is serviced by an on-site sewage disposal system using aerobic treatment are not required to be a licensed installer in order to install or repair an OSSF servicing that single-family dwelling. Such person must meet all permitting, construction, and maintenance requirements of the permitting authority. If that person compensates a person to construct any portion of an OSSF, the individual performing the work must be a licensed in- staller. This provision does not apply to property that is developed for sale or lease; (3) elect to maintain the on-site sewage disposal system using aerobic treatment. The aerobic treatment system owner is not required to register with the agency as a maintenance provider, but must comply with the requirements of Chapter 285 of this title (relating to On-Site Sewage Facilities). (b) A licensed electrician who installs the electrical components, or a person that delivers a treatment or pump tank and sets the tank or tanks into an excavation, is not required to have an installer license. (c) A professional engineer may perform site evaluations without obtaining a site evaluator license. SOURCE: The provisions ofthis § 30.244 adopted to be effective December 17,2001,26 TexReg 10330; amended to be effective September 11, 2003, 28 TexReg 7756; amended to be effective March I, 2006, 31 TexReg 1301 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 30.231, (relating to Purpose and Applicability). This Chapter cited in 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.3, (relating to Defmitions); 30 TAC § 330.59, (relating to Contents of Part I of the Application). 6 of8 DOCUMENTS TEXAS ADMJNISTRA TIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page7 SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGNATED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.245 (2007) § 30.245. Registration of Apprentices (a) General. An individual who begins an apprentice program under the supervision of a licensed installer shall be registered with the executive director. (b) Application. The completed application and a $ 50 fee must be submitted to the executive director by a licensed installer for each individual being registered as an apprentice under that installer's supervision. The application shall be on a form approved by the executive director. (c) Notification. Within 45 days after the date the executive director receives the application, the executive director will notify the supervising installer in writing of whether the individual has been registered as an apprentice. The ap- prentice's registration will be effective when the executive director receives the completed apprentice application and fee. An individual's application may be denied according to § 30.33 of this tide (relating to License or Registration De- nial, Warning, Suspension, or Revocation). (d) Expiration or termination. The apprentice registration will expire on the same date as the supervising installer's license. Either the supervising installer or the apprentice may terminate the apprentice training program by providing written notice to the executive director. No reason for termination is required. Upon receipt of a letter stating that the apprentice training has been tenninated, the executive director shall terminate the apprentice's registration under the supervising instaJler. (e) Renewal. It is the responsibility of the supervising installer to renew all of the registrations of his apprentices. If an apprentice registration is renewed late, the apprentice will be assigned a new registration date, but will not lose any experience gained under the previous registration. SOURCE: The provisions ofthis § 30.245 adopted to be effective December 17,2001, 26 Tex.Reg 10330 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 285.1, (relating to Purpose and Applicability); 30 TAC § 285.2, (relating to Definitions); 30 TAC § 285.50, (relating to General Requirements); 30 TAC § 330.2, (relating to Definitions); 30 TAC § 330.52, (relating to Technical Requirements of Part I of the Application); 30 TAC § 334.401, (relating to License and Registration Required); 30 TAC § 334.451, (relating to Applicability of Subchapter J); 30 TAC § 334.455, (relating to Notice to Owner or Operator); 30 TAC § 344.1, (relating to Definitions); 30 TAC § 344.4, (relat- ing to License Required). 7 of8 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS PageS SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGNATED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.246 (2007) § 30.246. Application for Site Evaluator (a) An individual who previously held a site evaluator license, or has previously taken the site evaluator basic training course and passed the site evaluator examination, but did not hold a site evaluator license, shall submit an application, application fee, and documentation of a current license specified in § 30 .240( d)(2)(C) of this title (relating to Qualifica- tions for Initial License) before September 1, 2003. After that date the individual must submit a new application with the appropriate fee and pass the examination. (b) An individual who begins the process to become eligible for a site evaluator license after Septembec 1, 2003, shall meet the requirements of§ 30.240(d)(2) of this title. (c) A professional engineer may perfonn site evaluations without obtaining a site evaluator license. However, a professional engineer may obtain a site evaluator license by complying with the requirements in this subchapter. SOURCE: The provisions ofthis § 30.246 adopted to be effective December 17,2001,26 TexReg 10330; amended to be effective September II, 2003, 28 TexReg 7756 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 30.240, (relating to Qualifications for Initial License). This Chapter cited in 30 TAC § 330.2, (relating to Definitions). 8 of 8 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS Page 9 SUBCHAPTER G. ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES, DESIGNATED REPRESEN- TATIVES, AND SITE EVALUATORS 30 TAC § 30.247 (2007) § 30.247. Registration of Maintenance Providers (a) A maintenance provider must be registered with the executive director. (b) To register as required by Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations), a person must: (I) meet the requirements of Subchapter A of this chapter; (2) submit a completed application and a$ 70 fee to the executive director on a form approved by the executive di- rector; (3) submit documentation by the manufacturer of an on-site sewage disposal system using aerobic treatment that the applicant is certified to maintain the on-site sewage facility systems under a maintenance contract; and (4) any additional information required by the executive director. (c) To renew a maintenance-provider registration, a maintenance provider must every two years: (I) meet the requirements in Subchapter A of this chapter; and (2) submit a completed renewal application and a $ 70 fee to the executive director on a form approved by the ex- ecutive director. SOURCE: The provisions of this § 30.24 7 adopted to be effective March 1, 2006, 31 TexReg 1301 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 330.2, (relating to Defmitions); 30 TAC § 330.3, (relating to Definitions); 30 TAC § 330.59, (relating to Contents of Part I of the Application). I of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE u• THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.1 (2007) § 285.1 . Purpose and Applicability Page 1 (a) Purpose. The purpose of this chapter is to provide a comprehensive regulatory program for the management of on- site sewage facilities (OSSFs), as prescribed by the Texas Health and Safety Code, Chapter 366. This chapter estab- lishes minimum standards for planning materials, construction, installation, alteration, repair, extension, operation, maintenance, pennitting, and inspection of OSSFs. This chapter also provides the procedures for the designation of lo- cal governmental entities as authorized agents. The licensing of installers, designated representatives, and site evaluators and the registration of apprentices is included in Chapter 30 of this title (relating to Occupational Licenses and Registra- tions). Unauthorized discharge of effluent into or adjacent to the waters in the state is prohibited. (b) Applicability. This chapter applies to: (1) any person who has an ownership interest in an OSSF; or (2) any person who participates in any activity relating to the development of planning materials, construction, in- stallation, alteration, repair, extension, operation, maintenance, permitting, inspection, or investigation of an OSSF; or (3) any governmental entity that is, desires to be, or was, designated as an authorized agent. SOURCE: The provisions of this§ 285.1 adopted to be effective June 13,2001,26 TexReg 4115; amended to be effec- tive December 17,2001,26 TexReg 10363 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.23 1, (relating to Purpose and Applicability). 2 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** § 285.2. Definitions TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON·SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.2 (2007) Page2 The following words and terms in this section are in addition to the definitions in Chapter 3 and Chapter 30 of this title (relating to Definitions and Occupational Licenses and Registrations). The words and terms in this section, when used in this chapter, have the following meanings. (I) Aerobic digestion--The bacterial decomposition and stabilization of sewage in the presence of free oxygen. (2) Alter--To change an on-site sewage facility resulting in: (A) an increase in the volume of permitted flow; (B) a change in the nature of permitted influent; (C) a change from the planning materials approved by the permitting authority; (D) a change in construction; or (E) an increase, lengthening, or expansion of the treatment or disposal system. (3) Anaerobic digestion--The bacterial decomposition and stabilization of sewage in the absence of free oxygen. ( 4) Apprentice--An individual who has been properly registered with the executive director according to Chapter 30 of this title (relating to Occupational Licenses and Registrations), and is undertaking a training program under the direct supervision of a licensed installer. (5) Authorization to construct--Written permission from the permitting authority to construct an on-site sewage fa- cility showing the date the permission was granted. The authorization to construct is the first part of the pennit. (6) Authorized agent··A local governmental entity that has been delegated the authority by the executive director to implement and enforce the rules adopted under Texas Health and Safety Code, Chapter 366. (7) Borehole-A drilled hole four feet or greater in depth and one to three feet in diameter. (8) Certified professional soil scientist--An individual who has met the certification requirements of the American Society of Agronomy to engage in the practice of soil science. (9) Cesspool-A non-watertight, covered receptacle intended for the receipt and partial treatment of sewage. This device is constructed such that its sidewalls and bottom are open-jointed to allow the gradual discharge of liquids while retaining the solids for anaerobic decomposition. (10) Cluster system--A sewage collection, treatment, and disposal system designed to serve two or more sewage- generating units on separate legal tracts where the total combined flow from all units does not exceed 5,000 gallons per day. · (11) Commercial or institutional facility--Any building that is not used as a single-family dwelling or duplex. Page 3 30 TAC § 285.2 (12) Compensation--A payment to construct, alter, repair, extend, maintain, or install an on-site sewage facility. Payment may be in the form of cash, check, charge, or other form of monetary exchange or exchange of property or services for service rendered. (13) Composting toilet--A self-contained treatment and disposal facility constructed to decompose non-waterborne human wastes through bacterial action. (14) Condensate drain--A pipe that is used for the disposal of water generated by air conditioners, refrigeration equipment, or other equipment. ( 15) Construct--To engage in any activity related to the installation, alteration, extension, or repair of an on-site sewage facility (OSSF), including all activities from disturbing the soils through connecting the system to the building or property served by the OSSF. Activities relating to a site evaluation are not considered construction. ( 16) Delegate--The executive director's act of assigning authority to implement the on-site sewage facility program under this chapter. (17) Designated representative--An individual who holds a valid license issued by the executive director according to Chapter 30 of this title (relating to Occupational Licenses and Registrations), and who is designated by the authorized agent to review permit applications, site evaluations, or planning materials, or conduct inspections on on-site sewage facilities. (I 8) Direct communication--The demonstrated ability of an installer and the apprentice to communicate immedi- ately with each other in person, by telephone, or by radio. ( 19) Direct supervision--The responsibility of an installer to oversee, direct, and approve all actions of an appren- tice relating to the construction of an on-site sewage facility. (20) Discharge·-To deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions. (21) Edwards Aquifer--That portion of an arcuate belt of porous, waterbearing predominantly carbonate rocks (limestones) known as the Edwards (Balcones Fault Zone) Aquifer trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards Group, and Georgetown Formation, or as amended under Chapter 213 of this title (relating to Edwards Aquifer). The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less- permeable Comanche Peak and Walnut formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally. (22) Edwards Aquifer Recharge Zone--That area where the stratigraphic units constiruting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sink- holes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Ed- wards Aquifer. The recharge zone is identified as a geographic area delineated on official maps located in the agency's central office and in the appropriate regional office, or as amended by Chapter 213 of this title (relating to Edwards Aq- uifer). (23) Extend-· To alter an on-site sewage facility resulting in an increase in capacity, lengthening, or expansion of the existing treatment or disposal system. (24) Floodplain (1 00-year)--Any area susceptible to inundation by flood waters from any source and subject to the statistical I 00-year flood (has a 1% chance of flooding each year). (25) Floodway--The channel of a watercourse and the adjacent land areas (within a portion of the 100-year flood- plain) that must be reserved in order to discharge the I 00-year flood without cumulatively increasing the water surface elevation more than one foot above the tOO-year flood elevation before encroachment into the 100-year floodplain. (26) Geotextile filter fabric--A non-woven fabric suitable for wastewater applications. (27) Gravel-less drainfield pipe-·An eight-inch or ten-inch diameter geotextile fabric-wrapped piping product with- out gravel or media. Page4 30 TAC § 285.2 (28) Grease interceptor--Floatation chambers where grease floats to the water surface and is retained while the clearer water underneath is discharged. (29) Groundwater--Subsurface water occurring in soils and geologic formations that are fully saturated either year- round or on a seasonal or intermittent basis. (30) Holding tank--A watertight container equipped with a high-level alarm used to receive and store sewage pend· ing its delivery to an approved treatment process. (31) Individual--A single living human being. (32) Install--To put in place or construct any portion of an on-site sewage facility. (33) Installer--An individual who is compensated by another to construct an on-site sewage facility. (34) Local governmental entity--A municipality, county, river authority, or special district, including groundwater conservation districts, soil and water conservation districts, and public health districts. (35) Maintenance--Required or routine performance checks, examinations, upkeep, cleaning, or mechanical ad- justments to an on-site sewage facility, including replacement of pumps, filters, aerator lines, valves, or electrical com- ponents. Maintenance does not include alterations. (36) Maintenance company--A person or business that maintains on-site sewage facilities. For the purposes of this chapter, the definition of a maintenance company includes all maintenance providers, as defined in§ 30.7 ofthis title (relating to Definitions). (37) Maintenance fmdings--The results of a required performance check or component examination on a specific on-site sewage facility. (38) Malfunctioning OSSF--An on-site sewage facility that is causing a nuisance or is not operating in compliance with this chapter. (39) Manufactured housing community--Any area developed or used for lease or rental of space for two or more manufactured homes. ( 40) Multi-unit residential development--Any area developed or used for a strucrure or combination of structures designed to lease or rent space to house two or more families. (41) Notice of approval--Written permission from the permitting authority to operate an on-site sewage facility. The notice of approval is the final part of the permit. (42) Nuisance-- (A) sewage, human excreta, or other organic waste discharged or exposed in a manner that makes it a potential in- strument or medium in the transmission of disease to or between persons; (B) an overflow from a septic tank or similar device, including surface discharge from or groundwater contamina- tion by a component of an on-site sewage facility; or (C) a blatant discharge from an OSSF. ( 43) On-site sewage disposal system--One or more systems that: (A) do not treat or dispose of more than 5,000 gallons of sewage each day; and (B) are used only for disposal of sewage produced on a site where any part of the system is located. (44) On-site sewage facility (OSSF)--An on-site sewage disposal system. ( 45) On-site waste disposal order-An order, ordinance, or resolution adopted by a local governmental entity and approved by the executive director. (46) Operate--To use an on-site sewage facility. (47) Owner--A person who owns property served by an on-site sewage facility (OSSF), or a person who owns an OSSF. This includes any person who holds legal possession or ownership of a total or partial interest in the structure or property served by an OSSF. PageS 30 T AC § 285.2 (48) Owner's agent--An installer, professional sanitarian, or professional engineer who is authorized to submit the permit application and the planning materials to the permitting authority on behalf of the owner. (49) Permit--An authorization, issued by the permitting authority, to construct or operate an on-site sewage facility. The permit consists of the authorization to construct (including the approved planning materials) and the notice of ap- proval. (50) Permitting authority--The executive director or an authorized agent. (51) Planning material--Plans, applications, site evaluations, and other supporting materials submitted to the permit- ting authority for the purpose of obtaining a permit. (52) Platted--The subdivision of property which has been recorded with a county or municipality in an official plat record. (53) Pretreatment tank--A tank placed ahead of a treatment unit that functions as an interceptor for materials such as plastics, clothing, hair, and grease that are potentially harmful to treatment unit components. (54) Professional engineer--An individual licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas. (55) Professional sanitarian--An individual registered by the Texas Department of Health to carry out educational and inspection duties in the field of sanitation in the State of Texas. (56) Proprietary system--An on-site sewage facility treatment or disposal system that is produced or marketed un- der exclusive legal right of the manufacturer or designer or for which a patent, trade name, trademark, or copyright is used by a person or company. (57) Recharge feature--Permeable geologic or manmade feature located on the Edwards Aquifer Recharge Zone where: (A) a potential for hydraulic interconnectedness between the surface and the aquifer exists; and (B) rapid infiltration from the on-site sewage facility to the subsurface may occur. (58) Recreational vehicle park--A single tract ofland that has rental spaces for two or more vehicles that are in- tended for recreational use only and has a combined wastewater flow of less than 5,000 gallons per day. (59) Regional office--A regional office of the agency. ( 60) Repair--To replace any components of an on-site sewage facility (OSSF) in situations not included under emergency repairs according to§ 285.35 of this title (relating to Emergency Repairs), excluding maintenance. There- placement of tanks or drainfields is considered a repair and requires a permit for the entire OSSF system. (61) Scum--A mass of organic or inorganic matter which floats on the surface of sewage. (62) Secondary treatment--The process of reducing pollutants to the levels specified in Chapter 309 of this title (re- lating to Domestic Wastewater Effluent Limitation and Plant Siting). (63) Seepage pit-An unlined covered excavation in the ground which operates in essentially the same manner as a cesspool. (64) Septic tank--A watertight covered receptacle constructed to receive, store, and treat sewage by: separating sol- ids from the liquid; digesting organic matter under anaerobic conditions; storing the digested solids through a period of detention; and allowing the clarified liquid to be disposed of by a method approved under this chapter. (65) Sewage--Waste that: (A) is primarily organic and biodegradable or decomposable; and (B) originates as human, animal, or plant waste from certain activities, including the use of toilet facilities, washing, bathing, and preparing food. (66) Single family dwelling--A structure that is either built on or brought to a site, for use as a residence for one family. A single family dwelling includes all detached buildings located on the residential property and routinely used only by members of the household of the single family dwelling. Page6 30 T AC § 285.2 (67) Site evaluator--An individual who holds a valid license issued by the executive director according to Chapter 30 of this title (relating to Occupational Licenses and Registrations) and who conducts preconstruction site evaluations, including visiting a site and performing soil analysis, a site survey, or other activities necessary to determine the suit- ability of a site for an on-site sewage facility. A professional engineer may perform site evaluations without obtaining a site evaluator license. (68) Sludge--A semi-liquid mass of partially decomposed organic and inorganic matter which settles at or near the bottom of a receptacle containing sewage. ( 69) Soil-The upper layer of the surface of the earth that serves as a natural medium for the growth of plants. (70) Soil absorption system-A subsurface method for the treatment and disposal of sewage which relies on the soil's ability to treat and absorb moisture and allow its dispersal by lateral and vertical movement through and between individual soil particles. (71) Subdivision-A division of a tract of land, regardless of whether it is made by using a metes and bounds de- scription in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. (72) Well--A water well, injection well, dewatering well, monitoring well, piezometer well, observation well, or re- covery well as defined under Texas Water Code, Chapters 26, 32, and 33, and 16 TAC Chapter 76 (relating to Water Well Drillers and Water Well Pump Installers). SOURCE: The provisions ofthis § 285.2 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective January 8, 1999,24 TexReg 139; amended to be effective June 13,2001, 26 TexReg 4115; amended to be effective December 17,2001, 26 TexReg 10363; amended to be effective August 3, 2006, 31 TexReg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.4, (relating to Facility Planning); 30 TAC § 285.40, (relat- ing to OSSFs on the Recharge Zone of the Edwards Aquifer); 30 TAC § 285.70, (relating to Agency Enforcement of OSSFs); 30 TAC § 285.70, (relating to Duties of Owners With Malfunctioning OSSFs). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 T AC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 3 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON·SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.3 (2007) § 285.3. General Requirements Page7 (a) Permit required. A person shall hold a permit for an OSSF unless the OSSF meets one of the exceptions in subsec· tion (f) of this section. (I) All aspects ofthe permitting, planning, construction, operation, and maintenance ofOSSFs shall be conducted according to this chapter, or according to an order, ordinance, or resolution of an authorized agent. (2) The executive director is the permitting authority unless a local governmental entity has an OSSF order, ordi· nance, or resolution approved by the executive director. In areas where the executive director is the permitting authority, the staff from the appropriate regional office shall be responsible for the proper implementation of this chapter. (3) Permits shall be transferred to a new owner automatically upon sale or other legal transfer of an OSSF. (b) General Application Requirements. (l) The owner or owner's agent must obtain an authorization to construct from the permitting authority before con· struction may begin on an OSSF. Before an authorization to construct can be issued, the permitting authority shall re- quire submittal of the following from the owner or owner's agent: (A) an application, on the form provided by the permitting authority; (B) all planning materials, according to§ 285.5 of this title (relating to Submittal Requirements for Planning Mate· rials); (C) the results of a site evaluation, conducted according to § 285.30 of this title (relating to Site Evaluation); and (D) the appropriate fee. (2) Variance requests shall be submitted with the application and shall be reviewed by the permitting authority ac· cording to subsection (h) of this section. (3) Before the permitting authority issues an authorization to construct, the owner ofOSSFs identified in§ 285.91(12) of this title (relating to Tables) or the owner's agent, must record the affidavit in the county deed records of the county or counties where the OSSF is located. Additionally, the owner or the owner's agent must submit, to the permitting authority, an affidavit affirming the recording. An example of the deed language and affidavit is in§ 285.90(2) of this title (relating to Figures). The deed recording must include: (A) the owner's full name; (B) the legal description of the property; (C) that an OSSF requiring a continuous maintenance contract is located on the property; (D) that the permit for the OSSF must be transferred to the new owner upon transfer of the property; (E) that maintenance must be performed by an approved maintenance company; and Page 8 30 T AC § 285.3 (F) that a signed maintenance contract must be submitted to the appropriate permitting authority within 30 days af- ter the property has been transferred. (c) Action on Applications. The permitting authority shall either approve or deny an application within 30 days of receiving an application. If the application and planning materials are approved, the permitting authority shall issue an authorization to construct. If the application and planning materials are denied, the permitting authority shall explain the reasons for the denial in writing to the owner, and the owner's agent. (d) Construction and Inspection. (I) An authorization to construct is valid for one calendar year from the date of its issuance. If the installer does not request a construction inspection by the permitting authority within one year ofthe issuance of the authorization to con- struct, the authorization to construct expires, and the owner will be required to submit a new application and application fee before an OSSF can be installed. A new application and application fee are not required if the owner decides not to install an OSSF. (2) The installer shall notify the permitting authority at least five working days (Monday through Friday, excluding holidays) before the date the OSSF will be ready for inspection. (3) The permitting authority shall conduct a construction inspection. (4) If the OSSF does not pass the construction inspection, the permitting authority shall: (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 the inspection, issue a letter to the owner and the owner's agent listing the defi- ciencies identified and stating that the OSSF cannot be used until it passes inspection. (5) If a reinspection is necessary, a reinspection fee may be assessed by the permitting authority. (6) The reinspection fee must be paid before the reinspection is conducted. (e) Notice of Approval. (I) Within seven calendar days after the 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 owner of an OSSF will not be required to comply with the permitting, operation, and installation require- ments of this chapter if the OSSF is not creating a nuisance and: (A) the OSSF was installed before September I, 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 dated before September I, 1989, provided the sys- tem has not been altered and is not in need of repair; or (C) the owner received authorization to construct from a permitting authority before the effective date of this chap- ter. (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 ofthe 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. Page 9 30 TAC § 285.3 (3) Connecting recreational vehicles or manufactured homes to rental spaces is not considered construction if the existing OSSF system is not altered. (g) Exclusions. The following systems are not authorized by this subchapter and may require a permit under Chap- ter 205 or Chapter 305 of this title (relating to General Permits for Waste Discharges or Consolidated Permits, respec- tively) or an authorization under Chapter 33 I of this title (relating to Undergound Injection Control): ( l) one or more systems that cumulatively treat and dispose of more than 5,000 gallons of sewage per day on one piece of property; (2) any system that accepts waste that is either municipal, agricultural, industrial, or other waste as defined in Texas Water Code, Chapter 26; (3) any system that will discharge into or adjacent to waters in the state; or (4) any new cluster systems. (h) Variances. Requests for variances from provisions of this chapter may be considered by the appropriate permit- ting authority on a case-by-case basis. (I) A variance may be granted if the owner, or a professional sanitarian or professional engineer representing the owner, demonstrates to the satisfaction of the permitting authority that conditions are such that equivalent or greater protection of the public health and the environment can be provided by alternate means. Variances for separation dis- tances shall not be granted unless the provisions of this chapter cannot be met (2) Any request for a variance under this subsection must contain planning materials prepared by either a profes- sional sanitarian or a professional engineer (with appropriate seal, date, and signature). (i) Unauthorized systems. Boreholes, cesspools, and seepage pits are prohibited for installation or use. Boreholes, cesspools, and seepage pits that treat or dispose of less than 5,000 gallons of sewage per day shall be closed according to§ 285.36 of this title (relating to Abandoned Tanks, Boreholes, Cesspools, and Seepage Pits). Boreholes, cesspools, and seepage pits that exceed 5,000 gallons of sewage per day must be closed as a Class V injection well under Chapter 331 of this title (relating to Underground Injection Control). SOURCE: The provisions of this§ 285.3 adopted to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.40, (relating to OSSFs on the Recharge Zone of the Ed- wards Aquifer); 30 TAC § 285.11, (relating to General Requirements); 30 TAC § 285.20, (relating to General Require- ments); 30 TAC § 285.33, (relating to Criteria for Effluent Disposal Systems); 30 TAC § 285.62, (relating to Duties and Responsibilities of Designated Representatives). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti· fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 4 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.4 (2007) § 285.4. Facility Planning Page 10 (a) Land planning and site evaluation. Property that will use an OSSF for sewage disposal shall be evaluated for over- all site suitability. For property located on the Edwards Aquifer recharge zone, see§ 285.40 of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer) for additional requirements. The following requirements apply to all sites where an OSSF may be located. ( 1) Residential lot sizing. (A) Platted or unplatted subdivisions served by a public water supply. Subdivisions of single family dwellings plat- ted or created after the effective date of this section, served by a public water supply and using individual OSSFs for sewage disposal, shall have lots of at least 1/2 acre. (B) Platted or unplatted subdivisions not served by a public water supply. Subdivisions of single family dwellings platted or created after the effective date of this section, not served by a public water supply and using individual OSSFs, shall have lots of at least one acre. (2) Manufactured housing communities or multi-unit residential developments. The owners of manufactured hous- ing communities or multi-unit residential developments that are served by an OSSF and rent or lease space shall submit a sewage disposal plan to the permitting authority for approval. The total anticipated sewage flow for the individual tract of land shall not exceed 5,000 gallons per day. The plan shall be prepared by a professional engineer or profes- sional sanitarian. This plan is in addition to the requirements of subsection (c) of this section. (b) Approval of OSSF systems on existing small lots or tracts. {I) Existing small Jots or tracts, that do not meet the minimum lot size requirements under subsection (a) (I) (A) or (B) of this section and were either subdivided before January 1, 1988, or had a site-specific sewage disposal plan ap- proved between January I, 1988, and the effective date of this section, may be approved for an OSSF provided: (A) minimum separation distances in§ 285.31(d) of this title (relating to General Criteria for Treatment and Dis- posal Systems) are maintained; {B) the site has been evaluated according to§ 285.30 of this title (relating to Site Evaluation); and {C) all other requirements of this chapter regarding treatment and disposal are met. (2) The owner of a single family dwelling on an existing small lot or tract (property J) may transport the wastewa- ter from the dwelling to an OSSF at another location (property 2) provided that: (A) both properties (properties I and 2) are owned by the same person; (B) the owner or owner's agent demonstrates that no OSSF authorized under these rules can be installed on the property which contains the single-family dwelling (property 1 ); Page 11 30 T AC § 285.4 (C) if property not owned by the owner of properties I and 2 must be crossed in transporting the sewage, the appli- cation includes all right-of-ways and permanent easements needed for the sewage conveyance lines; and (D) the application includes an affidavit indicating that the owner or the owner's agent recorded the information re- quired by§ 285.3(b)(3) on the real property deeds of both properties (properties 1 and 2). The deed recording shall state that the properties cannot be sold separately. (c) Review of subdivision or development plans. Before the permit process for individual OSSFs can begin, persons proposing residential subdivisions, manufactured housing communities, multi-unit residential developments, business parks, or other similar uses and using OSSFs for sewage disposal shall submit planning materials for these develop- ments to the permitting authority. The planning materials shall be prepared by a professional engineer or professional sanitarian and shall include an overall site plan, topographic map, 100-year floodplain map, soil survey, location of wa- ter wells, locations of easements as identified in§ 285.91 (10) of this title (relating to Tables), and a complete report detailing the types ofOSSFs to be considered and their compatibility with area-wide drainage and groundwater. A com- prehensive drainage plan shall also be included in these planning materials. The permitting authority will either approve or deny the planning materials, in writing, within 45 days of receipt. SOURCE: The provisions ofthis § 285.4 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective June 13, 200 1 , 26 TexReg 411 5 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Mate- rials). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 5 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.5 (2007) § 285.5. Submittal Requirements for Planning Materials Page 12 (a) Submittal of planning material. Planning materials required under this chapter shall be submitted by the owner, or owner's agent, to the permitting authority for review and approval according to this section. All planning materials shall comply with this chapter and shall be submitted according to§ 285.91(9) of this title (relating to Tables). A legal de- scription of the property where an on-site sewage facility (OSSF) is to be installed must be included with the permit application. Additionally, a scale drawing of the OSSF, all structures served by the OSSF, and all items specified in§ 285.30(b) of this title (relating to Site Evaluation) and§ 285.91(10) of this title (relating to Tables) must be included with the permit application. (I) Planning materials prepared by an owner or installer. Either the owner or installer may prepare the planning ma- terials for any proposed OSSF not requiring the preparation of plans according to paragraphs (2) or (3) of this subsec- tion. (2) Planning materials prepared by a professional engineer or professional sanitarian. OSSF planning materials shall be prepared by a professional engineer or professional sanitarian (with appropriate seal, date, and signature) as follows, unless otherwise specified in this chapter: (A) any proposals for treatment or disposal that are not standard as described in Subchapter D of this chapter (relat· ing to Planning, Construction, and Installation Standards for OSSFs) unless otherwise specified under§ 285.91(9) of this title; (B) any proposal for an OSSF to serve manufactured housing communities, recreational vehicle parks, or multi-unit residential developments where spaces are rented or leased; (C) all subdivision and development plans as required in§ 285.4(c) of this title (relating to Facility Planning); or (D) a proposal for multiple treatment and disposal systems on large tracts of land. (3) Planning materials prepared by a professional engineer. OSSF planning materials shall be prepared by a profes- sional engineer (with appropriate seal, date, and signature) as follows, unless otherwise specified in this chapter: (A) any proposals for an OSSF for a structure not exempted by Texas Civil Statutes, Article 327 la, § 20; or (B) all proposals for non-standard treatment systems that require secondary treatment as detailed in Subchapter D of this chapter. (b) Review of planning materials. ( 1) Standard planning materials. All planning materials for standard treatment or disposal systems shall be reviewed by the permitting authority. (2) Non-standard planning materials. The executive director shall review and respond to initial plans for all non- standard planning material for any system described in§ 285.32(d) and§ 285.33(d)(6) of this title (relating to Criteria for Sewage Treatment Systems and Criteria for Effluent Disposal Systems, respectively) within ten calendar days of Page 13 30 TAC § 285.5 receipt of the planning materials. After favorable review by the executive director, the same non-standard system plan- ning materials may be reviewed and approved by the authorized agent for different locations, provided the same site conditions exist for which the planning materials were developed. (3) Proprietary planning materials. Planning materials for proprietary treatment or disposal systems, as described in § 285.32(c) or§ 285.33(c) ofthis title, shall be submitted to the executive director for review. The systems and the test- ing protocol shall be approved by the executive director before the systems can be installed in the state. SOURCE: The provisions ofthis § 285.5 adopted to be effective February 5, 1997,22 Tex.Reg 1114; amended to be effective June 13,2001,26 TexReg 4115; amended to be effective July 31,2002,27 TexReg 6714 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 285.20, (relating to Application Requirements General); 30 TAC § 285.32, (relating to Criteria for Sewage Treatment Systems); 30 TAC § 285.8, (relating to Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land). This Chapter cited in 30 T AC § 21 0.1, (relating to Applicability); 30 TAC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 T AC § 3 5. 901, (relating to Emergency Order Concerning On-Site Sewage Facilities). 6 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.6 (2007) § 285.6. Cluster Systems Page 14 (a) Cluster systems are not authorized under this chapter after the effective date of these rules. Cluster systems may be authorized under other chapters of this title including Chapter 331 of this title (relating to Underground Injection Con- trol). (b) Existing cluster systems may not be repaired, altered, or extended under this chapter and may require authoriza- tion under other chapters of this title including Chapter 331 of this title when the system is malfunctioning or expanded. SOURCE: The provisions of this§ 285.6 adopted to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). Page 15 7 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE "'**THIS DOCUMENT REFLECTS ALL RULES rN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 28S. 7 (2007) § 285.7. Maintenance Requirements (a) Maintenance requirements. Maintenance requirements for all on-site sewage facilities (OSSFs) are identified in§ 285.91(12) of this title (relating to Tables). (b) Maintenance company. (I) An individual must be certified by the manufacturer of an OSSF using aerobic treatment to maintain the system under a maintenance contract with the owner of the system or to provide training to the owner in maintenance ofthe system. A manufacturer may not unreasonably withhold certification and, except as otherwise provided by this subsec- tion, must offer the certification to individuals who are not employees of the manufacturer on the same terms as the manufacturer offers the certification to the manufacturer's employees. (A) Additionally, the individual shall: (i) satisfactorily complete an executive director-approved course for persons who provide aerobic system mainte- nance. This course must be a minimum of 16 classroom hours of instruction in public health and safety, proper mainte- nance procedures, and recordkeeping and reporting. This course must have been approved by the executive director after September 1, 2005; (ii) be employed by a maintenance company in which at least one employee holds an Installer II license; (iii) meet all of the manufacturer's criteria and requirements for entering into a business relationship; and (iv) satisfactorily complete any other reasonable requirements imposed for certification by the manufacturer. (B) A person providing maintenance with a valid wastewater Class D license on or before August 31, 2006, may continue to do so until August 31, 2008, provided that person also satisfies the requirements of subparagraph (A)(i), (iii), and (iv) of this title. (2) For nonstandard systems, an individual providing maintenance shall be trained by the professional engineer or professional sanitarian responsible for preparing the planning materials for a nonstandard system. (3) The maintenance company and the individual certified by the manufacturer will be responsible for fulfilling the requirements of the maintenance contract. (c) Maintenance contracts. OSSFs required to have maintenance contracts are identified in§ 285.91(12) of this title. The OSSF shall be maintained and tested by the maintenance company holding a maintenance contract. (I) Contract provisions. The OSSF maintenance contract shall, at a minimum: (A) list items that are covered by the contract; (B) specify a time frame in which the maintenance company will visit the property in response to a complaint by the property owner regarding the operation of the system; Page 16 30 TAC § 285.7 (C) specify the name of the individual employed by the maintenance company who is certified by the manufacturer of the system and is responsible for fulfilling the terms of the maintenance contract; (D) identify the frequency of routine maintenance and the frequency of the required testing and reporting; and (E) identify who is responsible for maintaining the disinfection unit. (2) Contract submittals. Unless excepted by paragraph (4) of this subsection, a copy of the signed maintenance con- tract shall be provided by the owner to the permitting authority before the authorization to construct is issued. Before the current contract expires, the owner of an OSSF is required to have a new maintenance contract signed. A copy of a new contract shall be submitted to the permitting authority at least 30 days before the contract expires. (A) Initial maintenance contract. The initial written maintenance contract shall be effective for at least two years from the date the OSSF is first used. For a new single family dwelling, this date is the date of sale by the builder. For an existing single family dwelling this date is the date the notice of approval is issued by the permitting authority. (B) Ongoing maintenance contract. After the expiration of the two-year initial maintenance contract, the owner shall have ongoing maintenance performed by either the original maintenance company or another maintenance com- pany qualified under subsection (b)(l) ofthis section, unless the exceptions in paragraph (4) ofthis subsection apply. (3) Amendments or terminations. (A) If the maintenance company changes the individual certified by the manufacturer under subsection (b) (I)(A) of this section, the maintenance company shall initiate an amendment of the contract. The contract shall be amended within 30 days after the change in personnel. The permitting authority shall be provided with a copy of the amended contract within 30 days after the amended contract is signed. (B) If the maintenance company discontinues the maintenance contract, the maintenance company shall notify, in writing, the permitting authority, the manufacturer, and the owner at least 30 days before the date service will cease. (C) If the owner discontinues the maintenance contract, the owner shall notify, in writing, the permitting authority, the manufacturer, and the maintenance company at least 30 days before the date service will cease. (D) If a maintenance contract is discontinued or tenninated, the owner shall contract with another maintenance company and provide the permitting authority with a copy of the new signed maintenance contract no later than 30 days after termination, unless the owner meets the requirements of paragraph (4) of this subsection. ( 4) Exceptions to maintenance contract. At the end of the initial two-year maintenance period, the owner of an aerobic treannent system for a single family residence shall either maintain the system personally or obtain a new main- tenance contract. (A) If the owner of an OSSF using aerobic treatment for a single-family residence elects to maintain the system di- rectly and in accordance with§ 30.244(a) of this title (relating to Exemptions), the owner must obtain specific on-site maintenance training for the system from either the manufacturer or an installer who has been certified by the manufac- turer. (i) Training for the homeowner of an aerobic OSSF must be given within 30 calendar days of the date when re- quested by the homeowner. Additionally, this training must be completed a minimum of30 days prior to the end of the existing maintenance contract. (I) A manufacturer shall train the owner of the aerobic OSSF when requested by the owner, under the time frames described in this subsection. Failure to provide the owner with approved training within the specified time frame may result in removal of the manufacturer's product(s) from the list of approved systems. (H) An installer shall train the owner of the aerobic OSSF when requested by the owner, under the time frames de- scribed in this subsection. Failure to provide the owner with approved training within the specified time frame may re- sult in penalties to the installer, as described in § 285.61 of this title (relating to Duties and Responsibilities of In- stallers). These penalties may include revocation of the installer's license and registration as a maintenance provider. (Ill) The specific on-site maintenance training for owners of aerobic systems must: (-a-) have been previously approved by the executive director; (-b-) provide for six hours of training; Page 17 30 TAC § 285.7 (-c-) be provided and completed in a timely manner that allows the owner to be trained and comply with there- quirements oftraining and maintenance of this subsection and§ 285.70 ofthis title (relating to Duties of Owners With Malfunctioning OSSFs); (-d-) include the importance to public health and safety of proper maintenance of the system; and (-e-) a demonstration of the procedure for performing scheduled maintenance. (ii) Within 30 days after the owner's completion of the training, the manufacturer or installer shall provide both the owner and the permitting authority with a written certificate or letter, signed by the manufacturer or installer, stating that the owner has received and completed the required training. (B) Maintenance of an aerobic system by a homeowner is subject to any inspection and reporting requirements im- posed by an authorized agent or the commission applicable to a maintenance company that contracts to maintain a sys- tem. (C) If the residence is sold, the new homeowner, not later than the 30th day after the date the owner takes posses- sion of the property, must obtain the training required by this subsection from either an installer certified by the manu- facturer of the system or the manufacturer. If the homeowner does not request training, then the homeowner must con- tract with a maintenance company for the maintenance of the system. However, this requirement does not limit a home- owner's ability to both receive training and maintain the homeowner's aerobic system as required in this paragraph. (d) Testing and reporting. OSSFs that must be tested are identified in§ 285.91(12) of this title. (1) The maintenance company, or the homeowner, if applicable under subsection (c)( 4) of this section, shall test and report for each system as required in§ 285.90(3) of this title (relating to Figures) and§ 285.91(4) of this title. The report must: (A) include any responses to owner complaints, the results of the maintenance company's findings or the owner's findings, and the test results; and (B) be submitted to the permitting authority and, if applicable, the owner within 14 days after the date the test is performed. (2) To provide the owner with a record of the maintenance check, the maintenance company shall install a weather resistant tag, or some other form of weather resistant identification, on the system at the beginning of each maintenance contract. This identification shall: (A) identify the maintenance company; (B) list the telephone number of the maintenance company; (C) specify the start date of the contract; and (D) be either punched or indelibly marked with the date the system was checked at the time of each maintenance check, including any maintenance check in response to owner complaints. (3) The number of required tests may be reduced to two per year for all systems having electronic monitoring and automatic telephone or radio access that will notify the maintenance company, or the owner if applicable under subsec- tion (c)( 4) of this section, of system or components failure and will monitor the amount of disinfection in the system. The maintenance company shall be responsible for ensuring that the electronic monitoring and automatic telephone or radio access systems are working properly. (4) The manufacturer and the installer of the installed on-site aerobic system shall make available to the home- owner all replacement parts for that aerobic system to any homeowner who elects to maintain the on-site aerobic system as identified in subsection (c)(4) of this section. Failure to do so may result in removal of the manufacturer's product(s) from the list of approved systems. (5) An authorized agent or the commission may routinely inspect an on-site sewage system using aerobic treatment for a single-family residence that is maintained directly by the owner of the system not more than once every five years. Page 18 30 TAC § 285.7 SOURCE: The provisions of this§ 285.7 adopted to be effective June 13,2001,26 TexReg 41 15; amended to be effec- tive August 3, 2006,31 TexReg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.32, (relating to Criteria for Sewage Treatment Systems); 30 TAC § 285.33, (relating to Criteria for Sewage Disposal Systems); 30 TAC § 285.61, (relating to Duties andRe- sponsibilities oflnstallers); 30 TAC § 285.64, (relating to Duties and Responsibilities of Maintenance Companies); 30 TAC § 285.65, (relating to Suspension or Revocation ofLicense or Registration); 30 TAC § 285.70, (relating to Duties of Owners With Malfunctioning OSSFs). This Chapter cited in 30 T AC § 210.1, (relating to Applicability); 30 T AC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 T AC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 8 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE *"'* THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER285. ON·SITE SEWAGE FACILITIES SUBCHAPTER A. GENERAL PROVISIONS 30 TAC § 285.8 (2007) § 285.8. Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land Page 19 (a) The executive director may authorize the pennitting authority to issue a pennit for multiple treatment and disposal systems on a tract of land as an OSSF, instead of as a municipal wastewater treatment facility, if: ( 1) the systems are located on a tract of land of 100 acres or more; (2) the systems are used: (A) on a seasonal or intennittent basis, which means any combination of weekends (Friday through Sunday) plus 60 weekdays (Monday through Thursday) or less during a calendar year; and (B) the remainder of the year by employees, voluntary staff, or contractors performing work-related duties on the tract of land. (3) the anticipated combined flow, calculated using either actual water use data or the data from§ 285.91(3) of this title (relating to Tables), from all systems is less than 5,000 gallons per day (gpd) on an annual average basis (the arith- metic average of all daily flows from the preceding 12 consecutive calendar months); (4) the peak flow, calculated using either actual water use data or the data from§ 285.91(3) of this title, for each in- dividual system is less than 5,000 gpd; and (5) the systems are used only for disposal of sewage produced on the tract of land where the systems are located. (b) To obtain an OSSF pennit for multiple treatment and disposal systems, the owner or owner's agent must submit the following to the permitting authority: ( 1) an application on the fonn provided by the permitting authority; (2) all planning materials according to§ 285.5(a)(2) of this title (relating to Submittal Requirements for Planning Materials). The planning materials must include details on all existing systems, as well as any proposed new systems; (3) the results of a site evaluation, conducted according to § 285.30 of this title (relating to Site Evaluation); (4) the location, types of systems, size of systems, and if pennitted, information from the pennit for all existing sys- tems; and (5) the appropriate fee. (c) The permitting authority must submit the items listed in subsection (b) of this section to the executive director within five working days after receipt. The executive director shall review the materials submitted and shan determine if the systems may be pennitted as an OSSF, the systems do not meet the requirements of this section, or the application is incomplete. The executive director shall provide the detennination in writing to the owner or the owner's agent, and to the permitting authority, within 30 working days after receipt of the materials listed in subsection (b) of this section from the permitting authority. Page20 30 T AC § 285.8 (d) Executive director determination. (I) If the executive director determines that the systems may be permitted as an OSSF, the permitting authority shall issue an authorization to construct for aJI new systems and a permit for existing systems. If the permitting authority issues an authorization to construct, aU steps in§ 2853(d) and (e) of this title (relating to General Requirements} must be followed before the system receives a notice of approval. (2) If the executive director determines that the systems do not meet the requirements of this section, the owner may be required to submit an application for either a permit under Chapters 205 or 305 of this title (relating to General Permits for Waste Discharges or Consolidated Permits, respectively) and an authorization under Chapter 331 of this title (relating to Underground Injection Control). (e) In order to receive a notice of approval, all systems on the property, including the existing systems, must meet the requirements of this chapter. (f) The owner shall submit a report of the actual flow data to both the permitting authority and the executive direc- tor once a year in the month following the anniversary month of the receipt of the notice of approval. The reported flows shall be based on sewage flows measured by a totalizing meter installed at each individual system, water usage for the facilities served by the individual systems, or by other means approved by the executive director. The flows shall be recorded in a table by calendar month. The table shaH give a continuous average of flows. (g) If, as a result of the submittal of the reports required in subsection (f) of this section, the executive director and the authorized agent determine that the systems no longer meet the requirements of this section, the owner shall either bring the systems into compliance with this section or submit an application for a permit under Chapter 205 or Chapter 305 of this title and an authorization under Chapter 331 of this title. SOURCE: The provisions of this§ 285.8 adopted to be effective July 31,2002,27 TexReg 6714 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 3 0 T AC § 3 5. 90 I, (relating to Emergency Order Concerning On-Site Sewage Facilities). 9 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON·SITE SEWAGE FACILITIES SUBCHAPTER B. LOCAL ADMINISTRATION OF THE OSSF PROGRAM 30 TAC § 285.10 (2007) § 285.10. Delegation to Authorized Agents Page 21 (a) Responsibility of the authorized agent. An authorized agent is responsible for the proper implementation of this chapter in its area of jurisdiction. (1) An authorized agent shall administer its on-site sewage facility (OSSF) program according to the OSSF order, ordinance, or resolution approved by the executive director. (2) An authorized agent shall enforce this chapter and Texas Health and Safety Code (THSC), Chapter 366. (b) Requirements and procedures. (I) Upon request from a local governmental entity, the executive director shall forward a description of the delega- tion process and provide a copy of the executive director's model order, ordinance, or resolution. (2) If the OSSF program is delegated to a municipality, the jurisdiction of the authorized agent will be limited to the municipality's incorporated area. (3) To receive delegation as an authorized agent, a local governmental entity shall draft an order, ordinance, or resolution that meets the requirements of this chapter and THSC, § 366.032. The local governmental entity shall use the model order, ordinance, or resolution as a guide for developing its order, ordinance, or resolution. {4) If the local governmental entity proposes more stringent standards than those in this chapter, the local govern- mental entity shall submit the proposed order, ordinance, or resolution to the executive director for review and comment before publishing notice. {A) Each more stringent requirement shaH be justified based on greater public health and safety protection. The written justification shall be submitted to the executive director with the draft order. ordinance, or resolution. (B) The executive director shall review the draft order, ordinance, or resolution and provide written comments to the local governmental entity within 30 days of receipt. (C) If the local governmental entity's draft order, ordinance, or resolution meets the requirements of this chapter, the executive director will notify the local governmental entity in writing to continue the process outlined in this subsec- tion. (D) If the local governmental entity's draft order, ordinance, or resolution does not meet the requirements of this chapter, the executive director will not continue the review process until all requirements have been met. The executive director will notify the local governmental entity in writing of all deficiencies. (5) If the local governmental entity proposes using the model order, ordinance, or resolution without more stringent standards, or if the executive director has approved the draft order, ordinance, or resolution with more stringent stan- dards, the local governmental entity shall hold a public meeting to discuss the proposed order, ordinance, or resolution. Page22 30 TAC § 285.10 (A) The local governmental entity shall publish notice of a public meeting that will be held to discuss the adoption of the proposed order, ordinance, or resolution. The notice must be published in a regularly published newspaper of general circulation in the entity's area of jurisdiction. (B) The public notice shall include the time, date, and location of the public meeting. (C) The public notice shall be published at least 72 hours before the public meeting, but not more than 30 days be· fore the meeting. (6) The local governmental entity shall provide the executive director with the following: (A) a copy of the public notice as it appeared in the newspaper; (B) a publisher's affidavit from the newspaper in which the public notice was published; (C) a certified copy of the minutes of the meeting when the order, ordinance, or resolution was adopted; and (D) a certified copy of the order, ordinance, or resolution that was passed by the entity. (7) Upon receiving the information listed in paragraph (6) of this subsection, the executive director shall have 30 days to review the materials to ensure the local governmental entity has complied with the requirements of this chapter and THSC, Chapter 366. (A) After the review has been completed and all the requirements have been met, the executive director shall sign the order approving delegation and notify the local governmental entity by mail. (B) If the executive director determines during the review that the materials do not comply with the requirements of this section, the executive director will issue a letter to the local governmental entity detailing the deficiencies. (8) The local governmental entity's order, ordinance, or resolution shall be effective on the date the order approving delegation is signed by the executive director. (9) Any appeal of the executive director's decision shall be done according to§ 50.39 ofthis title (relating to Mo- tion for Reconsideration). (c) Amendments to existing orders, ordinances, or resolutions. (l) To ensure that the authorized agent's program is consistent with current commission rules, the executive director may require periodic amendments of OSSF orders, ordinances, or resolutions. (2) An authorized agent may initiate an amendment. The authorized agent shall use the procedures in subsection (b) ofthis section. (3) The amendment shall be effective on the date the amendment is approved by the executive director. (d) Relinquishment of delegated authority by authorized agent. (1) When an authorized agent decides to relinquish authority to regulate OSSFs, the following shall occur: (A) the authorized agent shall inform the executive director by certified mail at least 30 days before publishing no- tice of intent to relinquish authority; (B) the authorized agent shall hold a public meeting to discuss its intent to relinquish the delegated authority; (i) the authorized agent shall publish notice of a public meeting that will be held to discuss its intent to relinquish the delegated authority. The notice must be published in a regularly published newspaper of general circulation in the entity's area of jurisdiction; (ii) the public notice shall include the time, date, and location of the public meeting; (iii) the public notice shall be published at least 72 hours before the public meeting, but not more than 30 days be- fore the meeting; (C) the authorized agent must, either at the meeting discussed in subparagraph (B) of this paragraph, or at another meeting held within 30 days after the first meeting, formally decide whether to repeal the order, ordinance, or resolu- tion; and Page23 30 TAC § 285.10 (D) the authorized agent shall forward to the executive director copies of the public notice, a publisher's affidavit of public notice, and a certified copy of the minutes of the meeting in which the authorized agent formally acted. (2) Before the executive director will process a relinquishment order, the authorized agent and the executive direc· tor shall determine the exact date the authorized agent shall surrender its delegated authority. Until that date, the author· ized agent wiH retain all authority and responsibility for the delegated program. (3) The executive director shall process the request for relinquishment within 30 days of receipt of the copies of documentation required in paragraph (I)(D) of this subsection. After processing the request for relinquishment, the ex- ecutive director will issue an order and shall assume responsibility for the OSSF program. (4) On or after the date determined by the authorized agent and the executive director, the authorized agent shall re- peal it's order, ordinance, or resolution. Within ten days after the authorized agent repeals it's order, ordinance, or reso- lution, the authorized agent shall forward a certified copy of the repeal to the executive director. (5) Authorized agents who relinquish their OSSF authority may be subject to fees according to§ 285.14 of this title (relating to Charge-back Fee) after the date that delegation has been relinquished, unless the authorized agent has relin- quished its OSSF authority due to a material change in this chapter. SOURCE: The provisions ofthis § 285.10 adopted to be effective June 13,2001,26 TexReg4115; amended to beef- fective August 29,2002,27 TexReg 7917 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 285.11, (relating to Review of Locally Administered Pro- grams). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). I 0 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER B. LOCAL ADMINISTRATION OF THE OSSF PROGRAM 30 TAC § 285.1 I (2007) § 285.11. General Requirements Page24 (a) General Administrative Requirements for Authorized Agents. OSSF permitting, construction, and inspection re- quirements are in§ 285.3 of this title (relating to General Requirements). (b) Fees. The OSSF permit and inspection fees will be set by the authorized agent. Additionally, a fee of$ 10 shall be assessed for each OSSF permit for the On-Site Wastewater Treatment Research Council as required in the Texas Health and Safety Code, Chapter 367. (c) Complaints. The authorized agent shall investigate all complaints within 30 days after receipt. After completing the investigation, the authorized agent shall take appropriate and timely action according to§ 285.71 of this title (relat- ing to Authorized Agent Enforcement ofOSSFs). (d) Appeals. Appeals of an authorized agent's decision will be made through the appeal procedures stated in the au- thorized agent's order, ordinance, or resolution. (e) Authorized Agents Reporting Requirements. (1) The authorized agent shall notify the executive director, in writing, of any change of the designated representa- tive within 30 days after the date of the change. (2) Each authorized agent shall provide to the executive director an OSSF monthly activity report on the form pro- vided by the executive director, within ten days after the end of the month. SOURCE: The provisions of this § 285.11 adopted to be effective June 13, 2001, 26 TexReg 4115 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). II of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER B. LOCAL ADMINISTRATION OF THE OSSF PROGRAM 30 TAC § 285.12 (2007) § 285.12. Review of Locally Administered Programs Page25 (a) Not more than once a year, the executive director shall review an authorized agent's ·program for compliance with requirements established by Texas Health and Safety Code, Chapter 366; this chapter; and the order, ordinance, or reso- lution adopted by the authorized agent. ( 1) During the review the executive director shall: (A) evaluate the authorized agent's: (i) administrative processes; (ii) planning material review processes; (iii) permitting processes; (iv) inspection processes; and (v) complaint resolution processes; (B) conduct an interview with the authorized agent's representative, to present the results of the executive director's review. (2) After the executive director completes the review, the executive director shall: (A) prepare a written report of the executive director's findings; and (B) forward a copy of the report to the authorized agent by certified mail within 60 days after completing there- view. (b) If as a result of the executive director's review the executive director determines that the authorized agent's pro- gram is deficient, the authorized agent must respond in writing to the executive director within 45 days after the date of the executive director's report with a plan to address all deficiencies noted during the review. The executive director shall offer assistance to the authorized agent including providing training to the authorized agent's designated represen- tative. Additionally, if the authorized agent's program is: (I) deficient because it does not consistently provide required documentation ofthe permitting, inspection, and compliance investigation processes the executive director shall review the authorized agent's response and determine if the response is adequate. If the response is adequate, the executive director shall not take further action. If the author- ized agent's response is not adequate, or the authorized agent fails to respond, the executive director shall continue to work with the authorized agent until the deficiencies are resolved by making contact with the authorized agent through additional letters or by telephone; (2) deficient because it does not consistently enforce the permitting, planning, construction, operation, and mainte- nance of on-site sewage facility systems, the executive director shall review the authorized agent's response and deter- mine if adequate measures will be taken to correct the deficiencies. If the response is adequate, the executive director Page26 30 TAC § 285.12 will schedule another review of the authorized agent's program one year after the first review to verify that the deficien· cies have been corrected. If the authorized agent's response is not adequate, the authorized agent fails to respond, or the executive director's next annual review determines that the authorized agent's program has the same deficiencies as noted during the previous review, the executive director will begin the process of revoking the authorized agent's dele· gated authority under§ 285.13 of this title (relating to Revocation of Authorized Agent Delegation); or (3) endangering human health or safety, the executive director will begin the process of revoking the authorized agent's delegated authority under § 285.13 of this title. SOURCE: The provisions of this§ 285.12 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef- fective August 29,2002,27 TexReg 7917 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec· tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 12 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER B. LOCAL ADMINISTRATION OF THE OSSF PROGRAM 30 TAC § 285.13 (2007) § 285.13. Revocation of Authorized Agent Delegation Page27 (a) An authorized agent's on-site sewage facility (OSSF) order, ordinance, or resolution may be revoked by order of the commission, after notice and an opportunity for a hearing, for the authorized agent's failure to implement, adminis- ter, or enforce Texas Health and Safety Code, this chapter, or its order, ordinance, or resolution. (b) If the executive director determines that cause exists for revocation, the executive director shall: (I) meet with the authorized agent's county judge, mayor, general manager, or chairman of the board, or other au- thorized individual, to discuss the report of the executive director's findings, the authorized agent's response to the find- ings, and the possible revocation; (2) prepare a letter documenting the meeting in paragraph (1) of this subsection and forward it to the authorized agent within ten days after the meeting; and (3) provide the authorized agent 60 days after the date of the letter in paragraph (2) of this subsection to allow other authorized agents to review the executive director's findings if requested by the authorized agent. (c) The authorized agent shall respond to the executive director's letter in subsection (b)(2) of this section in writing within 90 days after the date of the executive director's Jetter. (d) If the executive director determines from the authorized agent's response that sufficient action will be taken to consistently enforce the OSSF program, the executive director will: ( 1) respond to the authorized agent that the revocation process will be discontinued; and (2) schedule another review of the authorized agent's program one year after the first review to verify that the au- thorized agent is consistently enforcing the OSSF program. (e) If the executive director determines from the authorized agent's response that insufficient action will be taken, the executive director will: (I) file a petition with the commission according to Chapter 70 of this title (relating to Enforcement) seeking revo- cation; (2) initiate the hearing process with SOAH according to Chapter 80 of this title (relating to Contested Case Hear- ings); (3) publish notice of a public hearing that will be held to review the commission's possible revocation of the dele- gated authority. The notice must be published in a regularly published newspaper of general circulation in the local gov- ernmental entity's area of jurisdiction and shall: (A) include the time, date, and location of the public hearing; and (B) be published at least 20 days before the public hearing; and Page28 30 TAC § 285.13 (4) hold a public hearing to review possible revocation of the delegated authority. (f) An authorized agent may consent to the revocation of its OSSF delegation in writing before the public hearing. If the authorized agent consents to the revocation, the commission may revoke the authorized agent's delegated author- ity without a public hearing. (g) After an opportunity for a hearing, the commission may: (I) issue an order revoking the authorized agent's delegation, which may include a charge-back fee; (2) issue an order requiring the authorized agent to take certain action or actions in order to retain delegation; or (3) take no action. (h) If the authorized agent's delegation is revoked, the executive director shall assume responsibility for the OSSF program in the former authorized agent's jurisdiction. The executive director shall implement the program on the date of the revocation. (i) An authorized agent that has had its OSSF authority revoked may be subject to charge-back fees according to § 285.14 of this title (relating to Charge-back Fee). SOURCE: The provisions of this § 285.13 adopted to be effective August 29, 2002, 27 TexReg 7917 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.12, (relating to Review of Locally Administered Pro- grams); 30 TAC § 285.14, (relating to Charge-back Fee). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 13 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER B. LOCAL ADMINISTRATION OF THE OSSF PROGRAM 30 TAC § 285.14 (2007) § 285.14. Charge-back Fee Page29 (a) Under Texas Health and Safety Code, § 366.059, the commission may assess a reasonable and appropriate charge- back fee, not to exceed $ 500 per permit, to local governmental entities that either have repealed an on-site sewage facil- ity (OSSF) order, ordinance, or resolution, or have had their delegation revoked by the commission according to § 285.13 of this title (relating to Revocation of Authorized Agent Delegation). The charge-back fee will be assessed for each OSSF pennit issued within that local governmental entity's area of jurisdiction. The amount ofthe charge-back fee will be based on the executive director's actual cost of issuing an OSSF permit in that jurisdiction. The executive direc- tor's actual cost will be based on the type and number ofOSSFs typically installed and inspected in the local govern- mental entity's jurisdiction, along with expected travel expenses for the executive director. ( 1) If a local governmental entity repeals its OSSF order, ordinance, or resolution or the commission revokes a local governmental entity's delegation and the local governmental entity agrees to the amount of the charge-back fee, the ex- ecutive director will recommend the commission approve the charge-back fee. In order to have legal effect as an order of the commission, the charge-back fee must be approved and ordered by the commission. The commission order must include: (A) the type ofOSSFs typically installed and inspected in the local governmental entity's jurisdiction; (B) the number of OSSFs installed in the local governmental entity's jurisdiction over the preceding five years; (C) the distance the county courthouse or city hall is from the nearest agency regional office; (D) the current mileage rate set by the Comptroller of the State ofTexas; and (E) the amount of the charge-back fee. (2) If a local governmental entity repeals its OSSF order, ordinance, or resolution or the commission revokes a local governmental entity's delegation and the local governmental entity does not agree to the amount of the charge-back fee, the commission will refer the matter to SOAH for a contested case hearing to determine the charge-back fee, according to Chapter 80 of this title (relating to Contested Case Hearings). (b) The executive director will bill the local governmental entities for charge-back fees no more frequently than quarterly and no less than annually. Payment of charge-back fees is due within 30 days from the invoice date. Late payments are subject to penalties and interest according to Chapter 12 of this title (relating to Payment of Fees). SOURCE: The provisions ofthis § 285.14 adopted to be effective August 29,2002,27 TexReg 7917 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.10, (relating to Delegation to Authorized Agents); 30 TAC § 285.13, (relating to Revocation of Authorized Agent Delegation). Page 30 30 TAC § 285.14 This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 14 of40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 31 SUBCHAPTER C. COMMISSION ADMINISTRATION OF THE OSSF PROGRAM IN AREAS WHERE NO AU- THORIZED AGENT EXISTS 30 TAC § 285.20 (2007) § 285.20. General Requirements (a) General Administrative Requirements. OSSF permining, construction, and inspection requirements are in§ 285.3 ofthis title (relating to General Requirements). (b) Complaints. The executive director shall investigate all complaints within 30 days after receipt. After complet- ing the investigation, the executive director shall take appropriate and timely action according to§ 285.70 of this title (relating to Duties of Owners With Malfunctioning OSSFs). (c) Appeals. All appeals under this subchapter shall be sent in writing to the director of the appropriate regional of- fice. SOURCE: The provisions of this§ 285.20 adopted to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.7, (relating to Additional Application Requirements for Surface lnigation Systems). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 T AC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 15 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ** * THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 32 SUBCHAPTER C. COMMISSION ADMINISTRATION OF THE OSSF PROGRAM IN AREAS WHERE NO AU- THORIZED AGENT EXISTS 30 TAC § 285.21 (2007) § 285.21. Fees (a) The application fee for an OSSF permit is: (I) $ 200 for an OSSF serving a single family dwelling; or (2) $ 400 for all other types of OSSFs. (b) A fee of$ 10 shall also be collected for each OSSF permit for the On-Site Wastewater Treatment Research Council as required by the Texas Health and Safety Code, Chapter 367. (c) The fees are payable when the owner, or owner's agent, applies to the executive director for an OSSF permit. The fee shall be submitted to the appropriate regional office and shall be paid by a money order or check. Payments shall be made payable to the Texas Natural Resource Conservation Commission. (d) The reinspection fee shall be equal to one-half of the permit fee that was in effect at the time the original appli- cation was submitted to the regional office. (e) Refunds of the application fee shall not be granted. SOURCE: The provisions of this § 285.21 adopted to be effective June 13, 2001, 26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.20, (relating to Application Requirements General). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 16 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON·SITE SEWAGE FACILITIES Page33 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.30 (2007) § 285.30. Site Evaluation (a) General Requirement. To document the soil and site conditions, a complete site evaluation shall be pelformed by either a site evaluator or a professional engineer on every tract of land where an OSSF will be installed. A report pre- pared by either the site evaluator or the professional engineer providing the site evaluation criteria in subsection (b) of this section shall be submitted with the planning materials. (b) Site evaluation criteria. All aspects of the site evaluation shall be pelformed by either a site evaluator or a pra. fessional engineer according to this section. The information obtained during the site evaluation shall be used to deter- mine the type and size of the OSSF. (l) Soil analysis. The site evaluator or the professional engineer shall either drill two soil borings or excavate two backhoe pits at opposite ends of the proposed disposal area to determine the characteristics of the soil. In areas of high soil variability, the permitting authority may require additional borings or backhoe pits. The borings or backhoe pits shall either be excavated to a depth oftwo feet below the adopted excavation of the disposal area. or to a restrictive ho- rizon, whichever is less. (A) Soil texture analysis. A general texture analysis shall be pelformed to identify the classification of the soiL The different soils in each class are provided in§ 285.91(6) of this title (relating to Tables). (i) Soil Class Ia. This class includes sandy textured soils that contain more than 30% gravel. (ii) Soil Class lb. This class includes sand and loamy sand soils that contain less than or equal to 30% gravel. (iii) Soil Class II. This class includes sandy loam and loam soils. (iv) Soil Class III. This class includes silt, silt loam, silty clay loam, clay loam, sandy clay loam, and sandy clay soils. (v) Soil Class IV. This class includes silty clay and clay soils. (B) Gravel analysis. Class II or Class III soils containing gravel shall be further evaluated by either a site evaluator or a professional engineer by using a sieve analysis to determine the percentage of gravel by volume and the size of the gravel as indicated in§ 285.91(5) of this title. (C) Restrictive horizons analysis. The soils within the borings or backhoe pits shall be analyzed by either a site evaluator or a professional engineer to determine if a restrictive horizon exists. Clay subsoils, rock, and plugged laminar soils are considered restrictive horizons. Restrictive horizons are recognized by an abrupt change in texture from a sandy or loamy sulface horizon to: (i) a clayey subsoil which an auger will not penetrate; or (ii) rock-like material which an auger will not penetrate. Page 34 30 T AC § 285.30 (2) Groundwater evaluation. The soil profile shall be examined by either a site evaluator or a professional engineer to detennine if there are indications of groundwater within 24 inches of the bottom of the excavation. (A) If the designated representative and the site evaluator or the professional engineer disagree on the presence of groundwater, the designated representative shall verify groundwater information using the Natural Resources Conserva- tion Service (NRCS) soil survey for that county, if it is available. (B) If the designated representative or the site evaluator or the professional engineer disagree with the NRCS soil survey, or if an NRCS soil survey does not exist for that county, the owner has the option to retain a certified profes- sional soil scientist to evaluate the presence of groundwater and present that information to the designated representa- tive for a final decision. (3) Surface drainage analysis. (A) Topography. The slope of each tract of land where an OSSF will be installed, areas of poor drainage such as depressions, and areas of complex slope patterns where slopes are dissected by gullies and ravines shall be determined. (B) Flood hazard. The 1 00-year floodplain for each tract of land where an OSSF will be installed shall be deter- mined from either Federal Emergency Management Agency (FEMA) maps or from a flood study prepared by a profes- sional engineer when FEMA maps are not available. (4) Separation requirements. All features in the area where the OSSF is to be installed that could be contaminated by the OSSF or could prevent the proper operation of the system shall be identified during the site evaluation. The sepa- ration requirements are in§ 285.91(10) of this title. SOURCE: The provisions ofthis § 285.30 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef- fective December 17,2001,26 TexReg 10363 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.4, (relating to Facility Planning); 30 TAC § 285.33, (relat- ing to Criteria for Sewage Disposal Systems); 30 TAC § 285.60, (relating to Duties and Responsibilities of Site Evalua- tors). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 17 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page35 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.31 (2007) § 285.31. Selection Criteria for Treatment and Disposal Systems (a) General Requirement. The type and size of an OSSF shall be determined on the basis of the soil and site informa- tion developed according to§ 285.30 of this title (relating to Site Evaluation). (b) Suitability. A standard subsurface absorption system may be used if all the soil and site criteria are determined to be suitable under§ 285.91(5) of this title (relating to Tables). If one or more of the soil and site criteria categories are determined to be unsuitable, a standard subsurface absorption system cannot be used except as noted in§ 285.91(5) of this title. If it is determined that a standard subsurface absorption system cannot be used, either a proprietary or a non- standard system may be used, provided all soil and site criteria for that system can be met as required in§ 285.91(13) of this title. (c) Surface drainage criteria. (I) Topography. Uniform slopes under 30% are suitable for standard subsurface absorption systems. If the slope is less than 2%, steps shall be taken to ensure there is adequate surface drainage over any subsurface disposal field. The excavation for a standard subsurface absorption system shall be parallel to the contour of the ground. (2) Flood hazard. Any potential OSSF site within a I 00-year floodplain is subject to special planning requirements. The OSSF shall be located so that a flood will not damage the OSSF during a flood event, resulting in contamination of the environment. Planning materials shall indicate how tank flotation is eliminated. Additionally, if the site is within the regulated floodway, a professional engineer shall demonstrate that: (A) the system shall not increase the height of the flood; (B) all components, with the exception of risers, chlorinators, cleanouts, sprinklers, and inspection ports, shall be completely buried without adding fill; and (C) non-buried components (e.g. alarms, junction boxes, and compressors) shall be elevated above the 100-year flood elevation. (d) Separation requirements. OSSFs shall be separated from features, in the area where the OSSF is to be installed, that could be contaminated by the OSSF or could prevent the proper operation of the system. The separation require- ments are in§ 285.91(10) of this title. SOURCE: The provisions of this§ 285.31 adopted to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.4, (relating to Facility Planning); 30 TAC § 285.33, (relat- ing to Criteria for Effluent Disposal Systems). Page36 30 TAC § 285.31 This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 18 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 37 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.32 (2007) § 285.32. Criteria for Sewage Treatment Systems (a) Pipe from building to treatment system. (I) The pipe from the sewer stub out to the treatment system shall be constructed of cast iron, ductile iron, polyvi- nyl chloride (PVC) Schedule 40, standard dimension ratio (SDR) 26 or other material approved by the executive direc- tor. (2} The pipe shall be watertight. (3) The slope of the pipe shall be no less than 1/8 inch fall per foot of pipe. (4) The sewer stub out should be as shallow as possible to facilitate gravity flow. (5) A two-way cleanout plug must be provided between the sewer stub out and the treatment tank. Only sanitary type fittings constructed of PVC Schedule 40 or SDR 26 shall be used on this section of the sewer. An additional clean- out plug shall be provided every 50 feet on long runs of pipe and within five feet of 90 degree bends. (6) Additional cleanout plugs shall be of the single sanitary type. (7) The pipe shall have a minimum inside diameter of three inches. (b) Standard treatment systems. {I) Septic tanks. A septic tank shall meet the following requirements. (A) Tank volume. The liquid volume of a septic tank, measured from the bottom of the outlet, shall not be less than established in§ 285.91(2) of this title (relating to Tables}. Additionally, the liquid depth of the tank shall not be less than 30 inches. (B) Inlet and outlet devices. The flowline of the tank's inlet device in the first compartment of a two-compartment tank, or in the first tank in a series of tanks, shall be at least three inches higher than the flowline of the outlet device. For a configuration of the tank and inlet and outlet devices, see§ 285.90(6) and (7) of this title (relating to Figures). The inlet devices shall be "T" branch fittings, constructed baffles or other structures or fittings approved by the executive director. The outlet devices shall use a "T" unless an executive director approved fitting is installed on the outlet. All inlet and outlet devices shall be installed water tight to the septic tank walls and shall be a minimum of three inches in diameter. (C) Baffles and series tanks. All septic tanks shall be divided into two or three compartments by the use of baffles or by connecting two or more tanks in a series. (i) Baffled tanks. In a baffled tank., the baffle shall be located so that one half to two thirds of the total tank volume is located in the first compartment. Baffles shall be constructed the full width and height of the tank with a gap between the top of the baffle and the tank top. The baffle shall have an opening located below the liquid level of the tank at a depth between 25% and 50% of the liquid level. The opening may be a slot or hole. If a "T" is fitted to the slot or hole, Page 38 30 TAC § 285.32 the inlet to the fitting shall be at the depth stated in this paragraph. See§ 285.90(6) of this title for details. Any metal structures, fittings, or fastenings shall be stainless steel. (ii) Series tanks. Two or more tanks shall be arranged in a series to attain the required liquid volume. The first tank in a two-tank system shall contain at least one-half the required volume. The first tank in a three-tank system shall con- tain at least one-third of the total required volume, but no less than 500 gallons. The first tank in a four or more tank system shall contain no less than 500 gallons, and the last tank in a four or more tank system shall contain no more than one third of the total required volume. Interconnecting inlet and outlet devices may be installed at the same elevation for multiple tank installations. (D) Inspection and cleanout ports. All septic tanks shall have inspection or cleanout ports located on the tank top over the inlet and outlet devices. Each inspection or cleanout port shall be offset to allow for pumping of the tank. The ports may be configured in any manner as long as the smallest dimension of the opening is at least 12 inches, and is large enough to provide for maintenance and for equipment removal. Septic tanks buried more than 12 inches below the ground surface shall have risers over the port openings. The risers shall extend from the tank surface to no more than six inches below the ground, be sealed to the tank, and capped. (E) Septic tank design and construction materials. The septic tank shall be of sturdy, water-tight construction. The tank shall be designed and constructed so that all joints, seams, component parts, and fittings prevent groundwater from entering the tank, and prevent wastewater from exiting the tank, except through designed inlet and outlet openings. Ma- terials used shall be steel-reinforced poured-in-place concrete, steel-reinforced precast concrete, fiberglass, reinforced plastic polyethylene, or other materials approved by the executive director. Metal septic tanks are prohibited. The septic tank shall be structurally designed to resist buckling from internal hydraulic loading and exterior loading caused by earth fill and additional surface loads. Tanks exhibiting deflections, leaks, or structural defects shall not be used. Sweat- ing at construction joints is acceptable on concrete tanks. (i) Precast concrete tanks. In addition to the general requirements in subparagraph (E) of this paragraph, precast concrete tanks shall conform to requirements in the Materials and Manufacture Section and the Structural Design Re- quirements Section of American Society for Testing and Materials (ASTM) Designation: C 1227, Standard Specifica- tion for Precast Concrete Septic Tanks (2000) or under any other standards approved by the executive director. (ii) Fiberglass and plastic polyethylene tank specifications. (I) The tank shall be fabricated to perform its intended function when installed. The tank shall not be adversely af- fected by normal vibration, shock, climate conditions, nor typical household chemicals. The tank shall be free of rough or sharp edges that would interfere with installation or service of the tank. (II) Full or empty tanks shall not collapse or rupture when subjected to earth and hydrostatic pressures. (iii) Poured-in-place concrete tanks. Concrete tanks shall be structurally sound and water-tight. The concrete tank shall be designed by a professional engineer. (iv) Tank manufacturer specifications. All precast or prefabricated tanks shall be clearly and permanently marked, tagged, or stamped with the manufacturer's name, address, and tank capacity. The identification shall be near the level of the outlet and be clearly visible. Additionally, the direction of flow into and out of the tank shall be indicated by ar- rows or other identification, and shall be clearly marked at the inlet and outlet. (F) Installation of tanks. For gravity disposal systems, septic tanks must be installed with at least a 12 inch drop in elevation from the bottom of the outlet pipe to the bottom of the disposal area. A minimum of four inches of sand, sandy loam, clay loam, or pea gravel, free ofrock larger than 1/2 inch in diameter, shall be placed under and around all tanks, except poured-in-place concrete tanks. Unless otherwise approved by the permitting authority, tank excavations shall be left open until they have been inspected by the permitting authority. Tank excavations must be backfilled with soil or pea gravel, that is free of rock larger than 1/2 inch in diameter. Class IV soils and gravel larger than one-half inch in diameter are not acceptable for use as backfill material. If the top of a septic tank extends above the ground surface, soil may be mounded over the tank to maintain slope to the drainfield. (G) Pretreatment (Trash) tanks. If an aerobic treatment unit does not prevent plastic and other non-digestible sew- age from interfering with aeration lines and diffusers, the executive director may require the use of a pretreatment tank. All pretreatment tanks shall meet all applicable structural and fitting requirements of this section. 30 TAC § 285.32 (2) Intermittent sand filters. A typical layout and cross-section of an intermittent sand filter is presented in § 285.90(8) of this title. Requirements for intermittent sand filters are as follows. Page39 (A) Sand media specifications. Sand filter media must meet ASTM C-33 specifications as outlined in§ 285.91(11) of this title. (B) Loading rate. The loading rate shall not exceed 1.2 gallons per day per square foot. (C) Surface area. The minimum surface area shall be calculated using the formula: Q/1.2=Surface Area (Square Feet), where Q is the wastewater flow in gallons per day. (D) Thickness of sand media. There shall be a minimum of 24 inches of sand media. (E) Filter bed containment. The filter bed containment shall be an impervious lined pit or tank. Liners shall meet the specifications detailed in§ 285.33(b)(2)(A) of this title (relating to Criteria for Effluent Disposal Systems). (F) Underdrains. For gravity discharge of effluent to a drainfield, there shall be a three inch layer of pea gravel over a six inch layer of0.75 inch gravel, that contains the underdrain collection pipe. When pumpwells are to be used to pump the effluent from the underdrain to the drainfield, they must be constructed of concrete or plastic sewer pipe. The pwnpwell must contain a sufficient number of holes so that effluent can flow from the gravel void space as rapidly as the effluent is pumped out of the pumpwell to the drainfield. Refer to§ 285.90(9) of this title. (c) Proprietary treatment systems. This subsection does not apply to proprietary septic tanks described in subsection (b)(l) of this section. (1) Installation. Proprietary treatment systems shall be installed according to this subchapter. If the manufacturer has installation specifications that are more stringent than given in this subchapter, the manufacturer shall submit these specifications to the executive director for review. If approved by the executive director, the treatment systems may be installed according to these more stringent specifications. Any subsequent changes to these manufacturer's installation specifications must be approved by the executive director before installation. Tank excavations shall be backfilled ac· cording to the backfill provisions in subsection (b)(I)(F) of this section. (2) System maintenance. Ongoing maintenance contracts are required for all proprietary treatment systems. The maintenance contract shall satisfy§ 285.7(c) of this title (relating to Maintenance Requirements). (3) Electrical wiring. Electrical wiring for proprietary systems shall be according to§ 285.34(c) of this title (relat- ing to Other Requirements). ( 4) Approval of proprietary treatment systems. Proprietary treatment systems must be approved by the executive di· rector prior to their installation and use. Approval of proprietary treatment systems shall follow the procedures found in this section. After the effective date of these rules, only systems tested according to subparagraph (A) or (B) of this paragraph will be placed on the list of approved systems. The list may be obtained from the executive director. All sys· terns on the list of approved systems on the effective date of these rules shall continue to be listed subject to the retest- ing requirements in paragraph (5) of this subsection. In addition, all proprietary treatment systems undergoing testing under this paragraph on the effective date ofthese rules shall be considered for inclusion on the list of approved sys- tems. (A) Treatment systems that have been tested by and are currently listed by NSF International as Class I systems un· der NSF Standard 40 ( 1999), or have been tested and certified as Class I systems according to NSF Standard 40 ( 1999) by an American National Standard Institute (ANSI) accredited testing institution, or under any other standards approved by the executive director, shall be considered for approval by the executive director. All systems approved by the execu- tive director on the effective date of these rules shall continue to be listed on the list of approved systems, subject to retesting under the requirements of NSF Standard 40 (1999) and Certification Policies for Wastewater Treatment De- vices ( 1997) or under any standards approved by the executive director. The manufacturers of proprietary treatment systems and the accredited certification institution must comply with all the provisions ofNSF Standard 40 (1999) and Certification Policies for Wastewater Treatment Devices (1997) or under any standards approved by the executive di- rector. (B) Treatment systems that will not be accepted for testing because of system size or type by NSF International, or ANSI accredited third party testing institutions, and are not approved systems at the time of the effective date of these rules, may only be approved in the following manner. Page40 30 T AC § 285.32 (i) The proprietary systems shall be tested by an independent third party for two years and all the supporting data from the test shaH be submitted to the executive director for review and approval, or denial before the system is mar- keted for sale in the state. (ii) The independent third party shall obtain a temporary authorization from the executive director before testing. The temporary authorization shall contain the following: (I) the number of systems to be tested (between 20 and 50); (II) the location of the test sites (the test sites must be typical of the sites where the system will be used if final au- thorization is granted); (III) provisions as to how the proprietary system will be installed and maintained; (IV) the testing protocol for collecting and analyzing samples from the system; (V) the equipment monitoring procedures, if applicable; and (VI) provisions for recording data and data retention necessary to evaluate the performance as well as the effect of the proprietary system on public health, groundwater, and surface waters. (iii) Permitting authorities may issue authorizations to construct upon receipt of the temporary authorization. The owner must be advised, in writing, that the system is temporarily approved for testing. If a system fails, regardless of the reason, it shall be replaced with a system that meets the requirements of this subchapter by the manufacturer at the manufacturer's expense. A system installed under this subparagraph is the responsibility of the manufacturer until the system has obtained final authorization by the executive director according to this subparagraph. (iv) Upon completion of the two-year test period, the executive director shall require the independent third party to submit a detailed report on the performance of the system. After evaluating the report, the executive director may issue conditional approval of the system, or may deny use of the system. (I) The conditional approval will authorize installations only in areas similar to the area in which the system was tested. (II) The conditional approval shaJI be for a specified performance and evaluation (monitoring) period, not to exceed an additional five years. The system must be monitored according to a plan approved by the executive director. Ap- proval or disapproval of these systems will be based on their performance during the monitoring period. Failure of one or more of the installed systems may be cause for disapproval of the proprietary system. The owner must be advised, in writing, that the system is conditionally approved. (III) If the executive director denies use of the system after the two-year period, the executive director shall pro- vide, in writing, the reasons for denying the use of the system. If a system fails, regardless of the reason, it shall be re- placed with a system that meets the requirements of this subchapter by the manufacturer at the manufacturer's expense. (v) Upon successful completion of the monitoring period, the monitoring requirements may be lifted by the execu- tive director, the notice of approval may be made permanent for the test systems and the systems will be deemed suit- able for use in conditions similar to areas in which the systems were tested and monitored. (5) System reviews. The manufacturers of systems that are approved for listing under this section, or included un- der§ 285.33(c) of this title (relating to Criteria for Effluent Disposal Systems), shall ensure that their systems are re- viewed every seven years, or as often as deemed necessary by the executive director, starting from the date the system was originally added to the executive director's approved list. All reviews shall be completed before the end of the seven-year period. The manufacturer of any system that was approved by the executive director more than seven years before the effective date of these rules, will be given 365 days from the effective date ofthese rules to complete are- view. (A) The review shall be performed by either an ANSI accredited institution according to the reevaluation require- ments in NSF Standard 40 ( 1999) and Certification Policies for Wastewater Treatment Devices ( 1997), or under any standards approved by the executive director, or by an independent third party for those systems not tested under NSF Standard 40. Page 41 30 TAC § 285.32 (B) If the system being reviewed was not approved under the requirements of NSF Standard 40, the independent third party shall evaluate between 20 and 50 systems in the state that have been in operation for at least two years and are the same design as originally approved. (C) The review under this subsection shall include an evaluation of: (i) the short-term and long-term effectiveness of the system; (ii) the structural integrity of the system; (iii) the maintenance of the system; (iv) owner access to maintenance support; (v) any impacts that system failures may have had on the environment; and (vi) an evaluation of the effectiveness of the manufacturer's installer training program. (D) Any system that is not approved by the executive director as a result of the review will be removed from the list of approved systems. The manufacturer shall ensure that maintenance support remains available for the existing sys· terns. (d) Non-standard treatment systems. All OSSFs not described or defined in subsections (b) and (c) of this section are non-standard treatment systems. These systems shall be designed by a professional engineer or a professional sani- tarian, and the planning materials shall be submitted to the permitting authority for review according to§ 285.5(b)(2) of this title (relating to Submittal Requirements for Planning Materials). Upon approval of the planning materials, an au- thorization to construct will be issued by the permitting authority. (I) Non-standard treatment systems include all fonns of the activated sludge process, rotating biological contactors, recirculating sand filters, trickling type filters, submerged rock biological filters, and sand filters not described in sub- section (b)(2) of this section. (2) The planning materials for non-standard treatment systems submitted for review will be evaluated using the cri- teria established in this chapter, or basic engineering and scientific principles. (3) Approval for a non-standard treatment system is limited to the specific system described in the planning materi- als. Approval is on a case-by-case basis only. (4) The need for ongoing maintenance contracts shall be determined by the permitting authority based on there- view required by § 285.5(b) of this title. If the permitting authority determines that a maintenance contract is required, the contract must meet the requirements in§ 285.7 of this title. (5) Electrical wiring for non-standard treatment systems shall be installed according to§ 285.34(c)(4) of this title. (e) Effluent quality. The following effluent criteria shall be met by the treatment systems for those disposal systems listed in § 285.33 of this title that require secondary treatment. [See table, form or illustration in printed version] SOURCE: The provisions ofthis § 285.32 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective January 8, 1999,24 Tex.Reg 139; amended to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 285.32, (relating to Criteria for Sewage Treatment Systems); 30 TAC § 285.33, (relating to Criteria for Sewage Disposal Systems); 30 TAC § 285.5, (relating to Submittal Require- ments for Planning Materials); 30 TAC § 285.81, (relating to Criteria for Discharge of laundry Greywater). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). Page42 30 TAC § 285.32 This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 19 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page43 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.33 (2007) § 285.33. Criteria for Effluent Disposal Systems (a) General requirements. (1) All disposal systems in this section shall have an approved treatment system as specified in§ 285.32(b)-(d) of this title (relating to Criteria for Sewage Treatment Systems). (2) All criteria in this section shall be met before the permitting authority issues an authorization to construct. (3) The pipe between all treatment tanks and the pipe from the final treatment tank to a gravity disposal system shall be a minimum of three inches in diameter and be American Society for Testing and Materials (ASTM) 3034, Standard dimension ratio (SDR) 35 polyvinyl chloride (PVC) pipe or a pipe with an equivalent or stronger pipe stiffness at a 5% deflection. The pipe must maintain a continuous fall to the disposal system. ( 4) The pipe from the final treatment tank to a gravity disposal system shall be a minimum of five feet in length. (b) Standard disposal systems. Acceptable standard disposal methods shall consist of a drain field to disperse the ef- fluent either into adjacent soil (absorptive) or into the surrounding air through evapotranspiration (evaporation and tran- spiration). ( 1) Absorptive drainfield. An absorptive drainfield shall only be used in suitable soil. There shall be two feet of suitable soil from the bottom of the excavation to either a restrictive horizon or to groundwater. (A) Excavation. The excavation must be made in suitable soils as described in§ 285.31(b) ofthis title (relating to Selection Criteria for Treatment and Disposal Systems). (i) The excavation shall be at least 18 inches deep but shall not exceed a depth of either three feet or six inches be- low the soil freeze depth, whichever is deeper. Single excavations shall not exceed 150 feet. (ii) In areas of the state where annual precipitation is less than 26 inches per year (as identified in the Climatic Atlas of Texas, (1983) published by the Texas Department of Water Resources or other standards approved by the executive director), and suitable soils (Class lb, II, or III) lie below unsuitable soil caps, the maximum permissible excavation depth shall be five feet. (iii) Multiple excavations must be separated horizontally by at least three feet of undisturbed soil. The sidewalls and bottom of the excavation must be scarified as needed. When there are multiple excavations, it is recommended that the ends be looped together. (iv) The bottom of the excavation shall be not less than 18 inches in width. (v) The bottom of the excavation shall be level to within one inch over each 25 feet of excavation or within three inches over the entire excavation, whichever is less. (vi) If the borings or backhoe pits excavated during the site evaluation encounter a rock horizon and the site evalua- tion shows that there is both suitable soil from the bottom of the rock horizon to two feet below the bottom of the pro- 30 T AC § 285.33 Page44 posed excavation and no groundwater anywhere within two feet of the bottom of the proposed excavation, a standard subsurface disposal system may be used, providing the following are met. (I) The depth of the excavation shall comply with clause {i) of this subparagraph. (II) The rock horizon shaH be at least six inches above the bottom of the excavation. (III) Surface runoff shall be prevented from flowing over the disposal area. (IV) Subsurface flow along the top of the rock horizon shall be prevented from flowing into the excavation. (V) The sidewall area will not be counted toward the required absorptive area. (Vl) The formulas in clause (vii)(l)-{Ill) of this subparagraph shall be adjusted so that no credit is given for side- wall area. (VII) No single pipe drainfields on sloping ground as shown in§ 285.90(5) of this title (relating to Figures) or no systems using serial loading shall be used. (vii) The size of the excavation shall be calculated using data from § 285.91{1) and (3) of this title (relating to Ta- bles). The soil application rate is based on the most restrictive horizon along the media, or within two feet below the bottom of the excavation. The formula A= Q/Ra shall be used to determine the total absorptive area where: [SEE FIGURE IN ORIGINAL] (I) The absorptive area shall be calculated by adding the bottom area (L x W) of the excavation to the total absorp- tive area along the excavated perimeter 2(L+W), (in feet) multiplied by one foot. [SEE FIGURE IN ORIGINAL) (II) The length of the excavation may be determined as follows when the area and width are known. [SEE FIGURE IN ORIGINAL] (Ill) For excavations three feet wide or less, use the following formula, or§ 285.91(8) of this title to determine L. [SEE FIGURE IN ORIGINAL] (B) Media. The media shall consist of clean, washed and graded gravel, broken concrete, rock, crushed stone, chipped tires, or similar aggregate that is generally one uniform size and approved by the executive director. The size of the media must range from 0.75-2.0 inches as measured along its greatest dimension except as noted in clause (i) of this subparagraph. (i) If chipped tires are used: (I) a geotextile fabric heavier than specified in subparagraph (E) of this paragraph must be used; and (II) the size of the chipped tires must not exceed three inches as measured along their greatest dimension. (ii) Soft media such as oyster shell and soft limestone shall not be used. (C) Drainline. The drainline shall be constructed of perforated distribution pipe and fittings in compliance with any one of the following specifications: or (i) three-or four~inch diameter PVC pipe with an SDR of35 or stronger; (ii) four-inch diameter corrugated polyethylene, ASTM F405 in rigid ten foot joints; (iii) three-or four-inch diameter polyethylene smoothwall, ASTM F810; (iv) three-or four-inch diameter PVC ASTM D2729 pipe; (v) three-or four-inch diameter polyethylene ASTM F892 corrugated pipe with a smoothwall interior and fittings; (vi) any other pipe approved by the executive director. (D) Drainline installation requirements. The drainline shall be placed in the media with at least six inches of media between the bottom of the excavation and the bottom of the drainline. The drainline shall be completely covered by the Page45 30 TAC § 285.33 media and the drainline perforations shall be below the horizontal center line of the pipe. For typical drainfield configu- rations, see§ 285.90(5) of this title. For excavations greater than four feet in width, the maximum distance between parallel drainlines shall be four feet (center to center). Multiple drainlines shall be manifolded together with solid or perforated pipe. Additionally, the ends of the multiple drainlines opposite the manifolded end shall either be manifolded together with a solid line, looped together using a perforated pipe and media, or capped. (E) Permeable soil barrier. Geotextile fabric shall be used as the permeable soil barrier and shall be placed between the top of the media and the excavation backfilL Geotextile fabric shall conform to the following specifications for un- woven, spun-bounded polypropylene, polyester, or nylon filter wrap. [SEE FIGURE IN ORIGINAL] (F) Backfilling. Only Class Ib, 11, or Ill soils as described in § 285.30 of this title (relating to Site Evaluation) shall be used for backfill. Class Ia and IV soils are specifically prohibited for use as a backfill material. The backfill material shall be mounded over the excavated area so that the center of the backfilled area slopes down to the outer perimeter of the excavated area to allow for settling. Surface runoff impacting the disposal area is not permitted and the diversion method shall be addressed during development of the planning materials. (G) Drainfields on irregular terrain. Where the ground slope is greater than 15% but less than 30%, a multiple line drainfield may be constructed along descending contours as shown in§ 285.90(5) of this title. An overflow line shall be provided from the upper excavations to the lower excavations. The overflow line shall be constructed from solid pipe with an SDR of35 or stronger, and the excavation carrying the overflow pipe shall be backfilled with soil only. (H) Drainfield plans. A nwnber of sketches, specifications, and details for drainfield construction are provided in § 285.90(4) and (5) of this title. (2) Evapotranspirative (ET) system. An ET system may be used in soils which are classified as unsuitable for stan- dard subsurface absorption systems according to § 285.31 (b) of this title with respect to texture, restrictive horizons, or groundwater. Water saving devices must be used if an ET system is to be installed. ET systems shall only be used in areas of the state where the annual average evaporation exceeds the annual rainfall. Evaporation data is provided in§ 285.91(7) of this title. (A) Liners. An impervious liner shall be used between the excavated surface and the ET system in all Class Ia soils, where seasonal groundwater tables penetrate the excavation, and where a minimum of two feet of suitable soil does not exist between the excavated surface and either a restrictive horizon or groundwater. Liners shall be rubber, plastic, rein- forced concrete, gunite, or compacted clay (one foot thick or more). If the liner is rubber or plastic, it must be impervi- ous, and each layer must be at least 20 mils thick. Rubber or plastic liners must be protected from exposed rocks and stones by covering the excavated surface with a uniform sand cushion at least four inches thick. Clay liners shall have a permeability of 10 -7 centimeters/second or less, as tested by a certified soil laboratory. (B) ET system ~izing. The following formula shall be used to calculate the top surface area of an ET system. [SEE FIGURE IN ORIGINAL] The owner of the ET system shall be advised by the person preparing the planning materials of the limits placed on the system by the Q selected. If the Q is less than required by§ 285.91(3) of this title, the flow rate shall be included as a condition to the permit, and stated in an affidavit properly filed and recorded in the deed records of the county as specified in§ 285.3(b)(3) of this title (relating to General Requirements). (C) Backfill material. Backfill material shall consist of Class II soil as described in§ 285.30 of this title. All drainlines must be surrounded by a minimum of one foot of media. Backfill shall be used to fill the excavation between the media to allow the backfill material to contact the bottom of the excavation. (D) Vegetative cover for transpiration. The fmal grade shall be covered with vegetation fully capable of taking maximum advantage of transpiration. Evergreen bushes with shallow root systems may be planted in the disposal area to assist in water uptake. Grasses with dormant periods shall be overseeded to provide year-round transpiration. (E) ET systems. ET systems shall be divided into two or more equal excavations connected by flow control valves. One excavation may be removed from service for an extended period oftime to allow it to dry out and decompose bio· logical material which might plug the excavation. If one of the excavations is removed from service, the daily water Page46 30 T AC § 285.33 usage must be reduced to prevent overloading of the excavation(s) still in operation. Nonnally, an excavation must be removed from service for two to three dry months for biological breakdown to occur. (F) ET system plans. A number of sketches for ET system construction are provided in§ 285.90(4) and (5) of this title. (3) Pwnped effluent drainfield. Pumped effluent drainfields shall use the specifications for low-pressure dosed drainfields described in subsection (d)(l) ofthis section, with the following exceptions. (A) Applicability. If the slope of the site is greater than 2.0%, pumped effluent drainfields shall not be used. Pwnped effluent drainfields may only be used by single family dwellings. (B) Length of distribution pipe. There shall be at least I ,000 linear feet of perforated pipe for a two bedroom single family dwelling. For each additional bedroom, there shall be an additional400 linear feet of perforated pipe. No indi- vidual distribution line shall exceed 70 feet in length from the header. (C) Excavation width and horizontal separation. The excavated area shall be at least six inches wide. There shall be at least three feet of separation between trenches. (D) Lateral depth and vertical separation. All drainfield laterals shall be between 18 inches and three feet deep. There shall be a minimum vertical separation distance of one foot from the bottom of the excavation to a restrictive ho- rizon, and a minimum vertical separation of two feet from the bottom of the excavation to grooodwater. (E) Media. Each dosing pipe shall be placed with the drain holes facing down and placed on top of at least six inches of media (pea gravel or media up to two inches measured along its greatest dimension). (F) Pipe and hole size. The distribution (dosing) and manifold (header) pipe shall be 1.25-1.5 inches in diameter. The manifold may have a diameter larger than the distribution pipe, but shall not exceed 1.5 inches in diameter. Distri· bution (dosing) pipe holes shall be 3116-114 inch in diameter and shall be spaced five feet apart. (G) Pump size. Pumped effluent drainfields shall use at least a 1/2 horsepower pump. (H) Backfilling. Only Class Ib, II, or Ill soils as described in§ 285.30(b)(I)(A) of this title shall be used for back- fill. (c) Proprietary disposal systems. (I) Gravel-less drainfield piping. Gravel-less pipe may be used only on sites suitable for standard subsurface sew- age disposal methods. Gravel-less pipe shall be eight-inch or ten-inch diameter corrugated perforated polyethylene pipe. The pipe shall be enclosed in a layer of unwoven spun-bonded polypropylene, polyester, or nylon filter wrap. Gravel- less pipe shall meet ASTM F-667 Standard Specifications for large diameter corrugated high density polyethylene (ASTM D 1248) tubing. The filter cloth must meet the same material specifications as described under subsection (b)(I)(E) of this section. (A) Planning parameters. Gravel-less drainfield pipe may be substituted for drainline pipe in both absorptive and ET systems. When gravel-less pipe is substituted, media will not be required. ET systems shall be backfilled with Class II soils only. All other planning parameters for absorptive or ET systems apply to drain fields using gravel-less pipe. (B) Installation. The connection from the solid line leaving the treatment tank to the gravel-less line shall be made by using an eight or ten-inch offset connector. The gravel-less line shall be laid level, the continuous stripe shall be up, and the lines shall be joined together with couplings. A filter cloth must be pulled over the joint to eliminate soil infiltra- tion. The gravel-less pipe must be held in place during initial backfilling to prevent movement of the pipe. The end of each gravel-less line shall have an end cap and an inspection port. The inspection port shall allow for easy monitoring of the amount of sludge or suspended solids in the line, and allow the distribution lines to be back-flushed. (C) Drainfield sizing. To determine appropriate drainfield sizing, use a drainfield width ofW = 2.0 feet for an eight-inch diameter gravel-less pipe, and an excavation width of W = 2.5 for a ten-inch gravel-less pipe. [SEE FIGURE IN ORIGINAL] (2) Leaching chambers. Leaching chambers are bottomless chambers that are installed in a drain field excavation with the open bottom of the chamber in direct contact with the excavation. The ends of the chamber rows shall be linked together with non-perforated sewer pipe. The chambers shall completely cover the excavation, and adjacent chambers Page47 30 TAC § 285.33 must be in contact with each other in such a manner that the chambers will not separate. To obtain the reduction in drainfield size allowed in subparagraph (A)(i) and (ii) of this paragraph for excavations wider than the chambers, the chambers shall be placed edge to edge. (A) The following formulas shall be used to determine the length of an excavation using leaching chambers. (i) The following formula is used for leaching chambers without water saving devices. {SEE FIGURE IN ORIGINAL) (ii) The following formula is used for leaching chambers with water saving devices. [SEE FIGURE IN ORIGINAL] (B) Leaching chambers shall not be used for absorptive drainfields in Class Ia or IV soils. Leaching chambers may be used instead of media in ET systems, low-pressure dosed drainfields, and soil substitution drainfields; however, the size of the drainfield shall not be reduced from the required area. (C) Backfill covering leaching chambers shall be Class Ib, II, or III soil. (3) Drip irrigation. Drip irrigation systems using secondary treatment may be used in all soil classes including Class IV soils. The system must be equipped with a filtering device capable of filtering particles larger than IOO microns and that meets the manufacturer's requirements. (A) Drain field layout. The drain field shall consist of a matrix of small-diameter pressurized lines, buried at least six inches deep, and pressure reducing emitters spaced at a maximum of30-inch intervals. The pressure reducing emitter shall restrict the flow of effluent to a flow rate low enough to ensure equal distribution of effluent throughout the drain- field. (B) Effluent quality. The treatment preceding a drip irrigation system shall treat the wastewater to secondary treat- ment as described in§ 285.32(e) of this title unless the drip irrigation system has been approved by the executive direc· tor as a proprietary disposal system without the use of secondary treatment. (C) System flushing. Systems must be equipped to flush the contents of the lines back to the pretreatment unit when intermittent flushing is used. If continuous flushing is used during the pumping cycle, the contents of the lines must be returned to the pwnp tank. (D) Loading rates. Pressure reducing emitters can be used in all classes of soils using loading rates specified in § 285.91(1) of this title. Pressure reducing emitters are assumed to wet four square feet of absorptive area per emitter; however, overlapping areas shaH only be counted once toward absorptive area requirements. The loading rate shall be based on the most restrictive soil horizon within one foot of the pressure reducing emitter. When solid rock is less than 12 inches below the pressure reducing emitter, the loading rate shall be based on Class IV soils. (E) Vertical separation distance. There shall be a minimum of one foot of soil between the pressure reducing emit- ter and groundwater and six inches between the pressure reducing emitter and solid rock, or fractured rock. For proprie- tary disposal systems that do not pretreat to secondary treatment, there shall be two feet of soil between the groundwater and pressure reducing emitter and one foot of soil between solid rock or fractured rock and the pressure reducing emit- ter. (F) Labeling or listing. All drip irrigation system devices shall either be labeled by the manufacturer as suitable for use with domestic sewage, or be on the list of approved devices maintained by the executive director according to § 285.32(c)(4) of this title. ( 4) Approval of proprietary disposal systems. All proprietary disposal systems, other than those described in this section, shall be approved by the executive director before they may be used. Proprietary disposal systems shall be ap- proved by the executive director using the procedures established in§ 285.32(c)(4)(B) of this title. (d) Nonstandard disposal systems. All disposal systems not described or defined in subsections (b) and (c) of this section are nonstandard disposal systems. Planning materials for nonstandard disposal systems must be developed by a professional engineer or professional sanitarian using basic engineering and scientific principles. The planning materials for paragraphs (I)· (S) of this subsection shall be submitted to the permitting authority and the permitting authority shall review and either approve or disapprove them on a case-by-case basis according to§ 285.5 of this title (relating to Submittal Requirements for Planning Materials). Electrical wiring for nonstandard disposal systems shall be installed Page48 30 TAC § 285.33 according to§ 285.34(c) of this title (relating to Other Requirements). Upon approval of the planning materials, an au* thorization to construct will be issued by the permitting authority. Approval for a nonstandard disposal system is limited to the specific system described in the planning materials for the specific location. The systems identified in paragraphs (1)-(5) of this subsection must meet these requirements, in addition to the requirements identified for each specific system in this section. (I) Low-pressure dosed drainfleld. Effluent from this type of system shall be pumped, under low pressure, into a solid wall force main and then into a perforated distribution pipe installed within the drainfield area. (A) The effluent pump in the pump tank must be capable of an operating range that will assure that effluent is de- livered to the most distant point of the perforated piping network, yet not be excessive to the point that blowouts occur. (B) A start/stop switch or timer must be included in the system to control the dosing pump. An audible and visible high water alarm, on an electric circuit separate from the pump, must be provided. (C) Pressure dosing systems shall be installed according to either design criteria in the North Carolina State Univer- sity Sea Grant College Publication UNC-S82-03 ( 1982) or other publications containing criteria or data on pressure dosed systems which are acceptable to the permitting authority. Additionally, the following sizing parameters are re- quired for all low-pressure dosed drainfields and shall be used in place of the sizing parameters in the North Carolina State University Sea Grant College Publication or other acceptable publications. (i) The low-pressure dosed drainfield area shall be sized according to the effluent loading rates in§ 285.91(1) of this title and the wastewater usage rates in§ 285.91(3) of this title. The effluent loading rate (Ra) in the formula in§ 285.91(1) of this title shall be based on the most restrictive horizon one foot below the bottom of the excavation. Exca- vated areas can be as close as three feet apart, measured center to center. All excavations shall be at least six inches wide. To determine the length of the excavation, use the following formulas, where L =excavation length, and A= ab- sorptive area. (I) If the media in the excavation is at least one foot deep, the length of the excavation is L = A/(w+2) where: (-a-) w = the width of the excavation for excavations one foot wide or greater; or (-b-) w = 1 for all excavations less than one foot wide. (II) If the media in the excavation is less than one foot deep, the length of the excavation is L = A/(w + 2H), where H = the depth of the media in feet and: (-a-) w = the width of the excavation for excavations one foot wide or greater; or (-b-) w = 1 for all excavations less than one foot wide. (ii) Each dosing pipe shall be placed with the drain holes facing down and placed on top of at least six inches of media (pea gravel or media up to two inches measured along the greatest dimension). (iii) Geotextile fabric meeting the criteria in subsection (b)(l)(E) ofthis section shall be placed over the media. The excavation shall be backfilled with Class lb, 11, or Ill soil. (iv) There shall be a minimum of one foot of soil between the bottom of the excavation and solid or fractured rock. There shall be a minimum of two feet of soil between the bottom ofthe excavation and groundwater. (2) Surface application systems. Surface application systems include those systems that spray treated effluent onto the ground. (A) Acceptable surface application areas. Land acceptable for surface application shall have a flat terrain (with less than or equal to 1 S% slope) and shall be covered with grasses, evergreen shrubs, bushes, trees, or landscaped beds con- taining mixed vegetation. There shall be nothing in the surface application area within ten feet of the sprinkler which would interfere with the uniform application of the effluent. Sloped land (with greater than 15%) may be acceptable if it is properly landscaped and terraced to minimize runoff. (B) Unacceptable surface application areas. Land that is used for growing food, gardens, orchards, or crops that may be used for human consumption, as well as unseeded bare ground, shall not be used for surface application. (C) Technical report. A technical report shall be prepared for any system using surface application and shall be submitted with the planning materials required in§ 285.5(a) of this title. The technical report shall describe the opera- Page49 30 TAC § 285.33 tion of the entire on-site sewage facility OSSF system, and shall include construction drawings, calculations, and the system flow diagram. Proprietary aerobic systems may reference the executive director's approval list instead of furnish- ing construction drawings for the system. (D) Effluent disinfection. Treated effluent must be disinfected before surface application. Approved disinfection methods shall include chlorination, ozonation, ultraviolet radiation, or other method approved by the executive director. Tablet or other dry chlorinators shall use calcium hypochlorite properly labeled for wastewater disinfection. The effec- tiveness of the disinfection procedure will be established by monitoring either the fecal coliform count or total chlorine residual from representative effluent grab samples as directed in the testing and reporting schedule. The frequency of testing, the type of tests, and the required results are shown in§ 285.91(4) of this title. (E) Minimum required application area. The minimum surface application area required shall be determined by di- viding the daily usage rate (Q), established in§ 285.91(3) of this title, by the allowable surface application rate (Ri = effective loading rate in gallons per square foot per day) found in§ 285.90{1) of this title or as approved by the permit- ting authority. (F) Landscaping plan. Applications for surface application disposal systems shall include a landscape plan. The landscape plan shall describe, in detail, the type of vegetation to be maintained in the disposal area. Surface application systems may apply treated and disinfected effluent upon areas with existing vegetation. If any ground within the pro· posed surface application area does not have vegetation, that bare area shall be seeded or covered with sod before sys· tern start-up. The vegetation shall be capable of growth, before system start-up. (G) Uniform application of effluent. Distribution pipes, sprinklers, and other application methods or devices must provide uniform distribution of treated effluent. The application rate must be adjusted so that there is no runoff. (i) Sprinkler criteria. The maximum inlet pressure for sprinklers shall be 40 pounds per square inch. Low angle nozzles (15 degrees or less in trajectory) shall be used in the sprinklers to keep the spray stream low and reduce aero- sols. Ifthe separation distance between the property line and the edge of the surface application area is less than 20 feet, sprinkler operation shaH be controlled by commercial irrigation timers set to spray between midnight and 5:00a.m. (ii) Planning criteria. Circular spray patterns may overlap to cover all irrigated area including rectangular shapes. The overlapped area will be counted only once toward the total application area. For large systems, multiple sprinkler heads are preferred to single gun delivery systems. (iii) Effluent storage and pumping requirements. (J) For systems controlled by a commercial irrigation timer and required to spray between midnight and 5:00a.m., there shall be at least one day of storage between the alarm-on level and the pump-on level, and a storage volume of one-third the daily flow between the alarm-on level and the inlet to the pump tank. (II) For systems not controlled by a commercial irrigation timer, the minimum dosing volume shall be at least one- half the daily flow, and a storage volume of one-third the daily flow between the alarm-on level and the inlet to the pump tank. (III) Pump tank construction and installation shall be according to§ 285.34(b) of this title. (iv) Distribution piping. Distribution piping shall be installed below the ground surface and hose bibs shall not be connected to the distribution piping outside the pump tank. An unthreaded sampling port shall be provided in the treated effluent line in the pump tank. (v) Color coding of distribution system. Effective 365 days after the effective date of these rules, all new distribu- tion piping, fittings, valve box covers, and sprinkler tops shall be permanently colored purple to identify the system as a reclaimed water system according to Chapter 210 of this title (relating to Use of Reclaimed Water). (3) Mound drainfields. A mound drainfield is an absorptive drainfield constructed above the native soil surface. The mound consists of a distribution area installed within fill material placed on the native soil surface. The required area of the fill material is a function of the texture of the native soil surface, the depth of the native soil, basal area sizing con- siderations, and sidesJope requirements. A description of mound construction, as well as construction requirements not addressed in this section can be found in the North Carolina State University Sea Grant College Publication UNC-SG- 82-04 (1982). Page 50 30 TAC § 285.33 (A) A mound drainfield shall only be installed at a site where there is at least one foot of native soil; however, ap- proval for installation on sites with less than one foot of native soil may be granted by the permitting authority on a case-by-case basis. (B) Mounds and mound distribution systems must be constructed with the longest dimension parallel to the contour of the site. (C) Soil classification, loading rates (R(a)), and wastewater usage rates (Q) shall all be obtained from this ·chapter. (D) The depth of soil material (with less than 30% gravel) between the bottom ofthe media and a restrictive hori- zon must be at least 1.5 feet to the restrictive horizon or two feet to groundwater. The soil material includes both the fill and the native soil. (E) The distribution area is defined as the interface area between the media containing the distribution piping and the fill material or the native soil, if applicable. The distribution length is the dimension parallel with the contour and equivalent to the length of the distribution media which must also run parallel with the contour. The distribution lines within the distribution media must extend to 12 inches of the end of the distribution media. The distribution width is defined as the distribution area divided by the distribution length. (i) The formula A( d)= Q/R(a) shall be used for calculating the minimum required distribution area of the mound where: [SEE FIGURE IN ORIGINAL] (ii) The area credited toward the minimum required distribution area can be determined in either of the following ways. (I) If the distribution area consists of a continuous six -inch layer of media over the fill, the credited area is the bot- tom interface area between the media and soil beneath the media. {II} If the distribution area consists ofrows of media and distribution piping, the credited area can be calculated us- ing the formulas listed in paragraph (l)(C)(i)(l) or (II) of this subsection depending on the depth of the media. (iii) For sites with greater than 2% slopes and solid bedrock, saturated zones, or class IV horizons within two feet of the native soil surface, the length to width ratio of the distribution area must be at least 7 : I. For sites with greater than 2% slopes and no solid bedrock, saturated zones, or class IV horizons within two feet of the native soil surface, the length to width ratio of the distribution area must be at least 4 : J • No length to width ratio is required on a site with 2% slope or less. (iv) Effluent must be pressure dosed into the distribution piping to ensure equal distribution and to control applica- tion rates. (v) If a continuous layer of media is used, the dosing lines must not be spaced more than three feet apart. If rows of media are used, the rows may be as close as three feet apart, measured edge to edge. (vi) The dosing holes must not be greater than three feet apart. (F) The basal area is defined as the interface area between the native soil surface and the fill material. The formula A(b) = Q/R(a) must be used for calculating the minimum required basal area of the mound where: [SEE FIGURE IN ORIGINAL] (i) On sites with greater than 2% slope, the area credited toward the required minimum basal area is computed by multiplying the length of the distribution system by the distance from the upslope edge of the distribution system to the downslope toe of the mound. (ii) On sites with 2% slopes or less, the area credited toward the minimum required basal area sizing includes all ar- eas below the distribution system as well as the side slope area on all side slope areas greater than six inches deep. (G) Mounds shall only be installed on sites with less than 10% slope. (H) The toe of the mound is considered the edge of the soil absorption system. (I) The side slopes must be no steeper than three to one. Page 51 30 T AC § 285.33 (J) There must be at least six inches of backfill over the distribution media and the mound shall be crowned to shed water. (4) Soil substitution drainfields. Soil substitution drainfields may be constructed in Class Ia soils, highly permeable fractured rock, highly permeable fissured rock, or Class II and III soils with greater than 30% gravel. (A) A soil substitution drain field must not be used in Class IV soils or Class IV soils with greater than 30% gravel. Class III or IV soil shall not be used as the substituted soil in a soil substitution drainfield. There must be at least two feet of substituted soil between the bottom of the media and groundwater. · (B) A soil substitution drainfield is constructed similar to a standard absorptive drainfield except that a minimum two foot thick Class lb or Class II soil buffer shall be placed below and on all sides of the drainfield excavation. The soil buffer must extend at least to the top of the media. The two-foot buffer area along the sides of the excavation is not credited as bottom area in calculating absorptive area. However, the interface between the media and the substituted soil is credited as absorptive area. (C) Soil substitution drainfields must be designed to address soil compaction to prevent unlevel disposal. It is rec- ommended that low-pressure dosing be used for effluent distribution. The edge of the substituted soil is considered the edge of the soil absorption drainfield in determining the appropriate separation distances as listed in§ 285.91(10) ofthis title. (D) Class Ia soils do not provide adequate treatment of wastewater through soil contact. A soil substitution drain- field may be constructed in Class Ia soils in order to provide adequate soil for treatment. Absorptive area sizing must be based on the textural class of the substituted soil and must follow the formulas in subsection (b)(l)(A)(vii)(I) of this section. (E) Highly permeable fractured and fissured rock, which contains soil in the fractures and fissures, does not provide adequate treatment of wastewater through soil contact. A soil substitution drainfield can be constructed in this perme- able fractured and fissured rock in order to provide adequate soil for treatment. Absorptive area sizing must be based on the most restrictive textural class between either the native soil residing in the fractures or fissures or the substituted soil. The sizing must foJlow the formulas in subsection (b)(I)(A)(vii)(I) of this section. (F) Class II and III soils with greater than 30% gravel do not provide adequate treatment of wastewater through soil contact. A soil substitution drainfield can be constructed in Class II or Ill soils with greater than 30% gravel in order to provide adequate soil for treatment. Absorptive area sizing must be based on the most restrictive textural class between either the non-gravel portion of the native soil or the substituted soil. The sizing must follow the formulas in subsection (b)(I)(A)(vii)(J) of this section. (5) Drainfields following secondary treatment and disinfection. Subsurface drainfields following secondary treat- ment and disinfection may be constructed in Class Ia soils, fractured rock, fissured rock, or other conditions where in- sufficient soil depth will allow septic tank effluent to reach fractured rock or fissured rock, as long as the following con- ditions are met. (A) Drainfield sizing. (i) If the unsuitable feature is Class Ia soil, the disposal area sizing shall be based on the application rate for Class Ib soil. Some form of pressure distribution shall be used for effluent disposal. (ii) If the unsuitable feature is fractured or fissured rock, the system sizing should be based on the application rate for Class III soil. Some form of pressure distribution system shall be used for effluent disposal. (B) Effluent disinfection. Treated effluent must be disinfected as indicated in§ 285.32(e) of this title before dis- charging into the drainfield. (C) Other requirements. The affidavit, maintenance, and testing and reporting requirements of§ 285.3(b)(3) of this title and § 285. 7(a) and (d) of this title (relating to Maintenance Requirements) apply to these systems. (6) All other nonstandard disposal systems. The planning materials for all non-standard disposal systems not de- scribed in paragraphs (I)-(5) ofthis subsection shall be submitted to the executive director for review according to§ 285.5(b)(2) of this title before the systems can be installed. Page 52 30 TAC § 285.33 SOURCE: The provisions ofthis § 285.33 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective June 13,2001,26 TexReg 4115; amended to be effective August 29, 2002,27 TexReg 7917; amended to be effective August 3, 2006, 31 TexReg 60 13 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.30, (relating to Site Evaluation); 30 TAC § 285.32, (relat- ing to Criteria for Sewage Treatment Systems); 30 T AC § 285.81, (relating to Criteria for Disposal of Graywater). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 20 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 53 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.34 (2007) § 285.34. Other Requirements (a) Septic tank effluent filters. Effective 180 days after the effective date of these rules, all effluent filters that are in- stalled in septic tanks shall be listed and approved under the NSF Standard 46 (2000) or under any standard approved by the executive director. (b) Pump tanks. Pump tanks may be necessary when the septic tank outlet is at a lower elevation than the disposal field or for systems that require pressure disposal. All requirements in§ 285.32(b)(l)(D)-(F) of this title (relating to Criteria for Sewage Treatment Systems) also apply to pump tanks. The pump tank shall be constructed according to the following specifications. (1) Pump tank criteria. When effluent must be pumped to a disposal area, an appropriate pump shall be placed in a separate water-tight tank or chamber. A check valve may be required if the disposal area is above the pump tank. The pump tank shall be equipped to prevent siphoning. The tank shall be provided with an audible and visible high water alarm. I fan electrical alarm is used, the power circuit for the alarm shall be separate from the power circuit for the pump. Batteries may be used for back-up power supply only. All electrical components shall be listed and labeled by Underwriters Laboratories (UL). (2) Pump tank sizing. Pump tanks shall be sized to contain one-third of a day's flow between the alarm-on level and the inlet to the pump tank. The capacity above the alarm-on level may be reduced to four hours average daily flow if the pump tank is equipped with multiple pumps. See§ 285.33(d)(2)(G)(iii) of this title (relating to Criteria for Effluent Dis- posal Systems) for sizing of pump tanks for surface application systems. (3) Pump specifications. A single pump may be used for flows equal to or less than 1,000 gallons per day. Dual pumps are required for flows greater than 1,000 gallons per day. A dual pump system shall have the "alarm on" level below the "second pump on" level, and shall have a lock-on feature in the alarm circuit so that once it is activated it will not go off when the second pump draws the liquid level below the "alarm on" level. All audible and visible alarms shall have a manual"silence" switch. The pump switch-gear shall be set such that each pump operates as the first pump on an alternating basis. All pumps shall be rated by the manufacturer for pumping sewage or sewage effluent. (c) Electrical wiring. All electrical wiring shall conform to the requirements the National Electric Code (1999) or under any other standards approved by the executive director. Additionally, all external wiring shall be installed in ap· proved, rigid, non-metallic gray code electrical conduit. The conduit shall be buried according to the requirements in the National Electrical Code and terminated at a main circuit breaker panel or sub-panel. Connections shall be in approved junction boxes. All electrical components shall have an electrical disconnect within direct vision from the place where the electrical device is being se.rviced. Electrical disconnects must be weatherproof (approved for outdoor use) and have maintenance lockout provisions. (d) Grease interceptors. Grease interceptors shall be used on kitchen waste-lines from institutions, hotels, restau- rants, schools with lunchrooms, and other buildings that may discharge large amounts of greases and oils to the OSSF. Grease interceptors shall be structurally equivalent to, and backfilled according to, the requirements established for sep- tic tanks under§ 285.32(b)(l)(D)-(F) of this title. The interceptor shall be installed near the plumbing fixture that dis- Page 54 30 TAC § 285.34 charges greasy wastewater and shall be easily accessible for cleaning. Grease interceptors shall be cleaned out periodi· cally to prevent the discharge of grease to the disposal system. Grease interceptors shall be properly sized and installed according to the requirements ofthe 2000 edition of the Uniform Plumbing Code, other prevailing code, or under any other standards approved by the executive director. (e) Holding tanks. Tanks shall be constructed according to the requirements established for septic tanks under§ 285.32(b)(l )(D)· (E) of this title. Inlet fittings are required. No outlet fitting shall be provided. A baffle is not required. Holding tanks shall be used only on sites where other methods of sewage disposal are not feasible (these holding tank provisions do not apply to portable toilets or to an office trailer at a construction site). All holding tanks shall be equipped with an audible and visible alarm to indicate when the tank has been filled to within 75% of its rated capacity. A port with its smallest dimension being at least 12 inches shall be provided in the tank lid for inspection, cleaning, and maintenance. This port shall be accessible from the ground surface and must be easily removable and watertight. ( 1) Minimum capacity. The minimum capacity of the holding tank shall be sufficient to store the estimated or cal· culated daily wastewater flow for a period of one week (wastewater usage rate in gallons per day x seven days). (2) Location. Holding tanks shall be installed in an area readily accessible to a pump truck under all weather condi· tions, and at a location that meets the minimwn distance requirements in§ 285.91(10) of this title (relating to Tables). (3) Pumping requirements. A scheduled pumping contract with a waste transporter, holding a current registration with the executive director, must be provided to the permitting authority before a holding tank may be installed. Pump· ing records must be retained for five years. (f) Composting toilets. Composting toilets will be approved by the executive director provided the system has been tested and certified under NSF International Standard 4 I (I 999) or under any other standards approved by the executive director. (g) Condensation. If condensate lines are plumbed directly into an OSSF, the increased water volume must be ac- counted for (added to the usage rate) in the system planning materials. SOURCE: The provisions ofthis § 285.34 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective June 13, 200 I, 26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 285.32, (relating to Criteria for Sewage Treatment Systems); 30 TAC § 285.33, (relating to Criteria for Sewage Disposal Systems). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 21 of 40 DOCUMENTS TEXAS ADMJNISTRA TIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 55 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.35 (2007) § 285.35. Emergency Repairs (a) An emergency repair may be made to an OSSF providing that the repair: (I) is made for the abatement of an immediate, serious and dangerous health hazard; and (2) does not constitute an alteration of that OSSF system's planning materials and function. (b) Emergency repairs include tasks' such as replacing tank lids, replacing inlet and outlet devices, and repairing solid lines. Such repairs must meet criteria established in this chapter. (c) The installer shall notify the permitting authority, in writing, within 72 hours after starting the emergency re- pairs. The notice must include a detailed description of the methods and materials used in the repair. (d) An inspection of the emergency repairs may be required at the discretion of the permitting authority. SOURCE: The provisions of this§ 285.35 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.2, (relating to Definitions). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 22 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 56 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.36 (2007) § 285.36. Abandoned Tanks, Boreholes, Cesspools, and Seepage Pits (a) An abandoned tank is a tank that is not to be used again for holding sewage. (b) To properly abandon, the owner shall conduct the following actions, in the order listed. (1) All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater removed by a waste transporter, holding a current registration with the executive director. (2) All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to ground level with fill material (less than three inches in diameter) which is free of organic and construction debris. SOURCE: The provisions ofthis § 285.36 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective June 13, 200 l, 26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.3, (relating to General Requirements). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 23 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE "'*"'THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *"'* TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 57 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.37 (2007) § 285.37. On-Site Sewage Facilities and Water Treatment Equipment and Appliances (a) Water treatment equipment is defined as an appliance, which includes water softeners and reverse osmosis sys- tems, used to: (1) alter the mineral content of water; (2) alter the microbiological content of water; (3) alter other substances found in water; or (4) purify water. (b) Back flush or discharge from water treatment equipment installed on or after September I, 2003, may be dis- charged into an on-site sewage facility (OSSF) as provided in this subsection. (1) Water softener. (A) The water softener must regenerate using a demand-initiated regeneration (DIR) control device. The water sof- tener must be clearly labeled as being equipped with a DIR control device as follows: (i) the label shall be affixed to the outside of the water softener so the label can be easily inspected and read; and (ii) the label shall provide the name of the company that installed the water softener. (B) A water softener may be connected to an OSSF with a non-standard or proprietary treatment system only as de- scribed in§ 285.32(c) and (d) of this title (relating to Criteria for Sewage Treatment Systems) if the water softener drain line: (i) bypasses the treatment system; and (ii) connects directly to a pump tank if the OSSF has a pump tank or directly to the pipe between the treatment sys- tem and the disposal system if no pump tank exists. (C) An owner may continue to use a water softener that discharges to an OSSF and does not meet the requirements of subparagraph (A) of this paragraph if the water softener was installed before September 1, 2003. An owner must re- place any water softener installed before September 1, 2003, with a water softener that meets the requirements of sub- paragraphs (A) and (B) of this paragraph at such time as: (i) an owner replaces the existing water softener; or (ii) an owner or installer installs, alters, constructs, or repairs an OSSF for the structure or property served by the existing water softener. (2) Reverse osmosis system. Page 58 30 T AC § 285.37 (A) Point-of-use (under sink unit) reverse osmosis systems. The back flush from a point-of-use reverse osmosis system may be discharged into an OSSF without including calculations of the back flush water volume in the OSSF planning materials. (B) Point-of-entry (whole house unit) reverse osmosis systems. The back flush from a point-of-entry reverse osmo- sis system may be discharged into an OSSF if: (i) the owner can demonstrate that the point-of-entry reverse osmosis system does not cause hydraulic overloading of the OSSF; or (ii) the water volwne from the point-of-entry reverse osmosis system is accounted for (added to the usage rate in § 285.91(3) ofthis title (relating to Tables)) by providing calculations ofthe increase in wastewater volume with the OSSF planning materials. (3) Water treatment equipment other than water softeners and reverse osmosis systems. If an owner uses water treatment equipment other than water softeners or reverse osmosis systems·, the back flush from the water treatment equipment may be discharged into an OSSF if the water volwne is added to the OSSF usage rate in§ 285.91(3) of this title. This water volume calculation must be provided with the OSSF planning materials. (c) Discharges from all water treatment equipment shall enter the OSSF system through an airgap or an airgap de- vice as required in the Uniform Plumbing Code (2000). SOURCE: The provisions ofthis § 285.37 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef- fective April 28, 2004, 29 TexReg 3963 NOTES: CROSS-REFERENCES: This Chapter cited in 30 T AC § 210.1, (relating to Applicability); 30 TAC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 24 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 59 SUBCHAPTER D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS 30 TAC § 285.39 (2007) § 285.39. On-Site Sewage Facilities Maintenance and Management Practices (a) An installer shall provide the owner of an on-site sewage facility (OSSF) with written information regarding main- tenance and management practices and water conservation measures related to the OSSF installed, repaired, or main- tained by the installer. (b) Owners shall have the treatment tanks pumped on a regular basis in order to prevent sludge accumulation from spilling over to the next tank or the outlet device. Owners of treatment tanks shall engage only persons registered with the executive director to transport the treatment tank contents. (c) Owners shall not allow driveways, storage buildings, or other structures to be constructed over the treatment or disposal systems. SOURCE: The provisions of this§ 285.39 adopted to be effective June 13,2001,26 Tex.Reg 4115; amended to beef- fective April28, 2004, 29 Tex.Reg 3963 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, {relating to Definitions); 30 T AC § 213.3, (relating to Definitions); 30 T AC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). This Subchapter cited in 30 TAC § 285.5, (relating to Submittal Requirements for Planning Materials). 25 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 60 SUBCHAPTER E. SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE EDWARDS AQUIFER RE- CHARGE ZONE 30 TAC § 285.40 (2007) § 285.40. OSSFs on the Recharge Zone of the Edwards Aquifer (a) Applicability. The following additional provisions apply to the Edwards Aquifer recharge zone as defined in § 285.2 of this title (relating to Definitions) and are not intended to be applied to any other areas in the State of Texas. (b) Additional application requirements for new OSSFs. All planning materials shall be submitted to the permitting authority by a professional engineer or professional sanitarian. (c) Conditions for obtaining an authorization to construct. In order to obtain an authorization to construct in the Edwards Aquifer recharge zone, the following conditions must be met. (1) Minimum lot sizes. Each lot or tract of land on the recharge zone on which OSSFs are to be located shall have an area of at least one acre (43,560 square feet) per single family dwelling. (2) Minimum separation distances from recharge features. (A) No sewage treatment tank or holding tank may be located within 50 feet of a recharge feature as defined in § 285.2 of this title. (B) No soil absorption system may be located within 150 feet of a recharge feature. (C) Additional separation distances in§ 285.91(10) of this title (relating to Tables) shall be used. (d) Existing OSSFs. OSSFs shall comply with the provisions of this subchapter except as provided under§ 285.3(t)(l) of this title (relating to General Requirements). If the OSSF is required to have a new permit, the permit shaH be obtained according to§ 285.3 ofthis title. An OSSF installed on the recharge zone before April11, 1977, in either Uvalde or Kinney Countie~ is not required to be permitted, provided the OSSF is not causing pollution, is not a threat to the public health, is not a nuisance, and has not been altered. (e) Exceptions for certain lots. Lots platted and recorded with the following counties in their official plat record, deed, or tax records before the date indicated in this subsection, are exempted from the one-acre minimum lot size re- quirement, according to the conditions of subsection (f) of this section. However, an Edwards Aquifer protection plan under Chapter 213 of this title (relating to Edwards Aquifer) may be required for construction of regulated activities, including home construction: (I) Kinney, Uvalde, Medina, Bexar, and Coma! Counties--March 26, 1974; (2) Hays County--June 21, 1984; (3) Travis County--November 21, 1983; and (4) Williamson County--May 21, 1985. (f) Notice. Any owner who divides his property into two or more residential lots, on which any part of the OSSF will be on the recharge zone, must infonn, in writing, each prospective purchaser, lessee, or renter of the following: Page 61 30 T AC § 285.40 (I) which lots within the regulated development are subject to the te1111s and conditions of this section; (2) that an authorization to construct shall be required before an OSSF can be constructed in the subdivision; (3) that a notice of approval shall be required for the operation of an OSSF; and (4) whether an application for a water pollution abatement plan as defined in Chapter 213 of this title has been made, whether it has been approved, and if any restrictions or conditions have been placed on that approval. SOURCE: The provisions of this§ 285.40 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective June 13, 2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Notification, and Exemptions); 30 TAC § 285.4, (relating to Facility Planning); 30 TAC § 285.41, (relating to Edwards Aquifer Protection Plan). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 26 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page62 SUBCHAPTER E. SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE EDWARDS AQUIFER RE- CHARGE ZONE 30 TAC § 285.41 (2007) § 285.41. Edwards Aquifer Protection Plan (a) An Edwards Aquifer protection plan as defined in Chapter 213 of this title (relating to Edwards Aquifer) shall be approved by the appropriate regional office before an authorization to construct may be issued for an OSSF by a permit- ting authority. (b) For projects where an Edwards Aquifer protection plan has been approved by a regional office, the written no- tice required in§ 285.40(£) of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer) shall include the separation distance requirements to any existing or possible recharge features found on the proposed lot or lots. The location of recharge features can be obtained from the designated representative or authorized agent of the county where the development will take place. from an affected groundwater conservation district, or as identified in the water pollu- tion abatement plan for the proposed lot or lots as provided in§ 213.5(b)(4)(F)(ii) ofthis title (relating to Required Ed- wards Aquifer Protection Plans, Notification, and Exemptions). SOURCE: The provisions of this§ 285.41 adopted to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 27 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page63 SUBCHAPTER E. SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE EDWARDS AQUIFER RE- CHARGE ZONE 30 TAC § 285.42 (2007) § 285.42. Other Requirements (a) If any recharge feature is discovered during construction of an OSSF, all regulated activities near the feature shall be suspended immediately. The owner shall immediately notify the appropriate regional office of the discovery of the feature. Activities regulated under Chapter 213 of this title (relating to Edwards Aquifer) or this chapter shall not pro- ceed near the feature until the permitting authority, in conjunction with the appropriate regional office, has reviewed and approved a plan proposed to protect the feature, the structural integrity of the OSSF, and the water quality of the aquifer. The plan shall be sealed, signed, and dated by a professional engineer. (b) No OSSF may be installed closer than 75 feet from the banks of the Nueces, Dry Frio, Frio, or Sabinal Rivers downstream from the northern Uvalde county line to the recharge zone. (c) Additional requirements may apply as required by the permitting authority's order, ordinance, or resolution. SOURCE: The provisions of this§ 285.42 adopted to be effective June 13,2001,26 TexReg 4115 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Defmitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 28 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEW AGE FACILITIES Page64 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.50 (2007) § 285.50. General Requirements (a) The procedures for issuing licenses and registrations for on-site sewage facilities (OSSF) installers, designated representatives, apprentices, and site evaluators are in Chapter 30 of this title (relating to Occupational Licenses and Registrations). (b) Any individual who constructs any part of an OSSF shall hold a current installer license appropriate for the type of system being installed, except as noted in§ 30.244 ofthis title (relating to Exemptions). This does not include the individuals under the direct supervision of the licensed installer or registered apprentice. (c) Any individual who performs the duties of a designated representative under§ 285.62 of this title (relating to Duties and Responsibilities of Designated Representatives) on behalf of the authorized agent shall possess a current designated representative license. Individuals may not advertise or represent themselves to the public as designated rep- resentatives unless they are employed, appointed, or contracted by an authorized agent and hold a current designated representative license. (d) Any individual who performs the duties of an apprentice under§ 285.63 ofthis title (relating to Duties andRe- sponsibilities of Registered Apprentices) must hold a current apprentice registration under a licensed installer. (e) Effective September 1, 2002, any individual, other than a professional engineer, who performs the duties of a site evaluator under§ 285.60 of this title (relating to Duties and Responsibilities of Site Evaluators) shall possess a cur- rent site evaluator license. An individual possessing a current professional engineer license is not required to possess a site evaluator license. (f) When required by the permitting authority, the installer or the installer's apprentice must be present at the job site during the inspection or re-inspection of the OSSF. (g) Any individual who acts in any capacity for a permitting authority shall not, within that permitting authority's area of jurisdiction: ( 1 ) work as an apprentice to an OSSF installer; (2) work as an OSSF installer; (3) work for an OSSF maintenance company; {4) work as a site evaluator; or (5) perform any other OSSF-related activities which fall under the permitting authority's regulatory jurisdiction, ex- cept those activities directly related to the individual's duties as an employee of, appointee to, or contractor for the per- mitting authority. (h) An Installer I is authorized to construct OSSFs as described in§ 285.91(9) of this title (relating to Tables). Page65 30 TAC § 285.50 (i) An Installer II is authorized to construct all types ofOSSFs as described in§ 285.91(9) ofthis title. G) Any individual or company that perfonns maintenance of aerobic OSSFs under § 285.64 of this title (relating to Duties and Responsibilities of Maintenance Companies) shall possess a current maintenance registration with the corn- mission. SOURCE: The provisions of this§ 285.50 adopted to be effective June 13,2001,26 Tex.Reg 4115; amended to beef- fective December 17,2001,26 TexReg 10363; amended to be effective August 3, 2006,31 TexReg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.56, (relating to Certificates/Renewal Applications); 30 TAC § 328.53, (relating to Definitions); 30 TAC § 328.57, (relating to Transporter Requirements). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 29 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 66 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.60 (2007) § 285.60. Duties and Responsibilities of Site Evaluators A site evaluator shall: (1) possess a current license from the executive director; (2) record their license nwnber on all site evaluations, and all other correspondence prepared as a site evaluator un- der this chapter; (3) provide true and accurate information in the site evaluation report required by§ 285.30(a) of this title (relating to Site Evaluation) and in any other documentation; (4) maintain a current Installer II license, designated representative license, professional engineer license, profes- sional sanitarian license, or a certified professional soil scientist certificate, in addition to the site evaluator license; (5) conduct preconstruction site evaluations, including visiting the site and performing soil analysis, a site survey, or other activities necessary to determine if a site is suitable for an on-site sewage facility (OSSF); and ( 6) maintain a current address and phone nwnber with the executive director and submit any change in address or phone number in writing within 30 days after the date of the change. SOURCE: The provisions of this § 285.60 adopted to be effective December 17, 2001, 26 TexReg 10363 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 285.50, (relating to General Requirements for Registration and Certification). This Chapter cited in 30 T AC § 210.1, (relating to Applicability); 30 T AC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability). 30 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE .,,... THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page67 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.61 (2007) § 285.61. Duties and Responsibilities oflnstallers An installer shall: (I) possess a current Installer I or Installer II license before beginning construction of an on-site sewage facility (OSSF); (2) record the installer's license number on all bids, proposals, contracts, invoices, proposed construction drawings, or other correspondence with owners, the executive director, or authorized agents; (3) provide true and accurate information on any application or any other documentation; ( 4) begin the construction of an OSSF only after obtaining documentation that the owner, or owner's agent, has the permitting authority's authorization to construct, unless a permit is not required; (5) notify the permitting authority of the date on which the installer plans to begin the construction of an OSSF, unless a permit is not required; (6) construct an OSSF to meet the minimum criteria required by this chapter or the more stringent requirements of the permitting authority; (7) construct the OSSF that has been authorized by the permitting authority for the specific location identified in the site evaluation; (8) stop construction and return to the permitting authority to change the planning materials for the permit if site or soil conditions, materials, or supplies make compliance with the planning materials impossible; (9) be present at the job site during the construction of the OSSF or be represented by an apprentice; ( 1 0) be present at the job site at least once each work day if the OSSF work is supervised by an apprentice and ver- ify that the work performed by the apprentice is according to the requirements of this chapter; (II) request the initial, final, and any other required inspection or inspections from the permitting authority; (12) refrain from removing materials from, or altering components of, an OSSF after the fmal inspection; (13) submit to the permitting authority, within 72 hours of starting emergency repairs, a written statement describ- ing the need for any emergency repair and the work performed; (14) perform maintenance, keep a maintenance record, and submit maintenance reports to the permitting authority and the owner for an OSSF for which the installer has contracted to provide maintenance or, when requested by the homeowner of an aerobic OSSF, train the owner according to§ 285.7 of this title (relating to Maintenance Require- ments); Page68 30 TAC § 285.61 (15) maintain a current address and phone number with the executive director and submit any change in address or phone number in writing within 30 days after the date of the change; and (16) when requested by the homeowner, make replacement parts available to all homeowners who have been trained to maintain their own aerobic system. · SOURCE: The provisions ofthis § 285.61 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef- fective August 3, 2006,31 TexReg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.62, (relating to Hearings); 30 TAC § 285.7, (relating to Maintenance Requirements). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Defmitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 31 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE "**THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 "** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page69 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGN A TED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.62 (2007) § 285.62. Duties and Responsibilities of Designated Representatives A designated representative shall: (I) possess a current license from the executive director; (2) be employed, appointed, or contracted by an authorized agent; (3) enforce the rules and regulations of the Texas Health and Safety Code, Chapter 366, the Texas Water Code, this chapter, and the permitting authority; (4) assist the authorized agent in amending the authorized agent's order, ordinance, or resolution when necessary; (5) conduct subdivision reviews in conformance with this chapter; (6) review variance requests to ensure compliance with the requirements of the permitting authority; (7) approve only planning materials that conform with the requirements of this chapter and the requirements of the permitting authority; (8) issue the authorization to construct; (9) verify, before the initial inspection, that the installer possesses a current license and has the correct classification for constructing the permitted or planned on-site sewage facility (OSSF); (l 0) conduct construction inspections as required under§ 285.3(d) of this title (relating to General Requirements); (II) approve only construction that conforms with this chapter, the authorized agent's approved order, ordinance, or resolution, and the notice of approval; (12) issue the notice of approval; ( 13) ensure collection of all OSSF related fees; ( 14) ensure maintenance of accurate records of permitting, fees, inspections, maintenance reports, and complaints; (15) investigate complaints and take appropriate and timely action; (16) record his license number on all plan reviews, complaint investigations, inspection reports, site evaluations, and any other correspondence prepared in performance of the duties of a Designated Representative under this chapter; (17) record the installer license number in any inspection reports relating to that installer; (18) receive compensation for OSSF related services within the authorized agent's area of jurisdiction, only from the authorized agent or according to a signed contract with the authorized agent; Page70 30 TAC § 285.62 (19) while employed by, appointed to, or contracted by the authorized agent, refrain from perfonning any of the following activities within the authorized agent's area of jurisdiction: (A) working as an apprentice to an OSSF installer; (B) working as an OSSF installer; (C) working for an OSSF maintenance company; (D) working as a site evaluator; or (E) perfonning any other OSSF-related activities which fall under the authorized agent's regulatory jurisdiction, ex- cept those activities directly related to the individual's duties as a designated representative for the authorized agent; (20) verify the existence of a maintenance contract between an owner and the maintenance company according to § 285.7(c) of this title (relating to Maintenance Requirements); and (21) maintain a current address and phone number with the executive director and submit any change in address or phone number in writing within 30 days after the date of the change. SOURCE: The provisions of this § 285.62 adopted to be effective June 13, 2001, 26 TexReg 4115; amended to beef- fective December 17,2001,26 TexReg 10363 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.50, (relating to General Requirements). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 T AC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability). 32 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 71 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.63 (2007) § 285.63. Duties and Responsibilities of Registered Apprentices (a) An apprentice shall: (I) represent his supervising installer during construction at the site; (2) perfonn services associated with on-site sewage facility (OSSF) construction under the direct supervision and direction of the installer on-site or be in direct communication with the installer; (3) refrain from receiving compensation for an OSSF installation from anyone except the supervising installer; and ( 4) maintain a current address and phone number with the executive director and submit any change in address or phone number in writing within 30 days after the date of the change. (b) An apprentice shall not act as, advertise, or offer to perfonn services as, an installer. An apprentice may not per- form any services associated with OSSF construction except under the direct supervision of an installer holding a cur- rent license or according to the supervising installer's expressed directions. SOURCE: The provisions ofthis § 285.63 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef- fective December 17, 200I, 26 TexReg 10363 NOTES: CROSS-REFERENCES: This Section cited in 30 T AC § 285.50, (relating to General Requirements). This Chapter cited in 30 T AC § 210.1, (relating to Applicability); 30 T AC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability). 33 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page72 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.64 (2007) § 285.64. Duties and Responsibilities of Maintenance Companies A maintenance company shall: (I) possess a current registration from the executive director and a current certification from the manufacturer; (2) employ at least one individual who is licensed as an Installer II and who is certified by the manufacturer of the on-site sewage facility (OSSF) system as qualified to provide maintenance services; (3) ensure maintenance of accurate records of permitting, fees, inspections, and reports; ( 4) satisfy the requirements of the maintenance contract between the homeowner of the OSSF system and the main- tenance company according to§ 285.7{a) of this title {relating to Maintenance Requirements); (5) maintain a current address and phone number with the executive director and submit any change in address or phone number to the executive director in writing within 30 days after the date of the change; (6) perform maintenance on each OSSF system under executed contract, keep a maintenance record, and submit maintenance reports to the permitting authority and the owner of the OSSF for whom the installer has contracted to pro- vide maintenance, according to§ 285.7 of this title; and (7) provide maintenance training to any homeowner of an aerobic on-site sewage system when requested, according to § 285.7 of this title. SOURCE: The provisions of this§ 285.64 adopted to be effective August 3, 2006,31 Tex.Reg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.50, (relating to General Requirements). This Chapter cited in 30 T AC § 210.1, (relating to Applicability); 30 TAC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, {relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 T AC § 330.65, {relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 34 of 40 DOCUMENTS TEXAS ADMJNISTRA TIVE CODE *** THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES Page 73 SUBCHAPTER F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES 30 TAC § 285.65 (2007) § 285.65. Suspension or Revocation of License or Registration (a) Suspension. In addition to the items listed in§ 30.33 of this title (relating to License or Registration Denial, Warn- ing, Suspension, or Revocation), the executive director may suspend the following licenses for the following reasons. (1) An on-site sewage facility (OSSF) installer's license can be suspended for: (A) failing to perform required maintenance on an OSSF for at least eight consecutive months (the failure to main- tain records is evidence of failure to perform maintenance on the OSSF); (B) failing to properly submit maintenance reports required by§ 285.7(d) of this title (relating to Maintenance Re- quirements) for an individual OSSF in a 12-month period; (C) failing to properly submit four or more required OSSF maintenance reports over any two-year period; (D) failing to provide proper maintenance training to an owner of an aerobic OSSF when requested by the owner; (E) failing to provide proper maintenance training to an owner of an aerobic OSSF with a commission-approved course; or (F) failure to make replacement parts available to all homeowners who have been trained to maintain their own aerobic system. (2) A designated representative's license can be suspended for: (A) failing to verify, before the initial inspection for a particular OSSF, that the individual installing the OSSF is a properly licensed installer; (B) failing to investigate nuisance complaints or complaints against installers, within 30 days of receipt of the com- plaint, according to§ 285.71 of this title (relating to Authorized Agent Enforcement ofOSSFs); or (C) failing to enforce the requirements of an order, ordinance, or resolution of an authorized agent; (b) Revocation. In addition to the items listed in § 30.33 of this title, the executive director may revoke an OSSF in- staller's license, a designated representative's license, a site evaluator's license, an apprentice's registration, or a mainte- nance company's registration for the following reasons. (I) An OSSF installer's license can be revoked for: (A) constructing, or otherwise facilitating the construction of, an OSSF that is not in compliance with this chapter; (B) allowing, or beginning, the construction of an OSSF without a permit when a permit is required; (C) failing to provide proper maintenance training to an owner of an aerobic OSSF when requested by the owner; (D) failing to provide proper maintenance training to an owner of an aerobic OSSF in a timely manner; or Page74 30 T AC § 285.65 (E) failing to provide proper maintenance training to an owner of an aerobic OSSF with a commission-approved course. (2) A designated representative's license can be revoked for: (A) approving construction of an OSSF that is not in conformance with this chapter, the authorized agent's ap- proved order, ordinance, or resolution or the notice of approval; (B) practicing as an apprentice or an installer in the authorized agent's area of jurisdiction while employed, ap- pointed, or contracted by that authorized agent; or (C) working for a maintenance company in the authorized agent's area of jurisdiction while employed, appointed, or contracted by that authorized agent. (3) A site evaluator's license can be revoked for failing to maintain a current Installer II license, designated repre- sentative license, professional engineer license, professional sanitarian license, or a certified professional soil scientist certificate. ( 4) An apprentice's registration can be revoked for: (A) acting as, advertising, or performing duties and responsibilities of an installer without the direct supervision of, or direct communication with, the supervising installer; or (B) receiving compensation for an OSSF installation from someone other than the supervising installer. (5) A maintenance company's registration can be revoked for: (A) failing to perform required maintenance on an aerobic OSSF in a 12-month period; or (B) failing to properly submit maintenance reports required by§ 285.7(d) of this title for an individual homeowner in any consecutive 12-month period. SOURCE: The provisions ofthis § 285.65 adopted to be effective August 3, 2006,31 TexReg 6013 NOTES: CROSS-REFERENCES: This Chapter cited in 30 T AC § 210.1, (relating to Applicability); 30 TAC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 T AC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 35 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31, 2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER G. OSSF ENFORCEMENT 30 TAC § 285.70 (2007) § 285.70. Duties of Owners With Malfunctioning OSSFs Page75 (a) If the executive director or the authorized agent determines that an on-site sewage facility (OSSF) is malfunction- ing, as defined in§ 285.2 of this title (relating to Definitions), the owner shall bring the OSSF into compliance by re- pairing the malfunction. The owner shall initiate repair of a malfunctioning OSSF no later than: (1) the 30th day after the date which the owner is notified by the executive director or the authorized agent of the malfunctioning system, if the owner has not been notified of the malfunctioning system during the previous 12 months; (2) the 20th day after the date on which the owner is notified by the executive director or the authorized agent of the malfunctioning system, if the owner has been notified of the malfunctioning system at least once during the previous 12 months; or (3) the I Oth day after the date on which the owner is notified by the executive director or the authorized agent of the malfunctioning system, if the owner has been notified of the malfunctioning system at least twice during the previous 12 months. (b) With the exception of§ 285.7(c)(4) of this title (relating to Maintenance Requirements), an authorized agent or the commission may condition the permit or the approval of a permit for an on-site sewage disposal system using aero- bic treatment for a single-family residence on the owner's contracting with a maintenance company for the maintenance of the system if: (I) the authorized agent or commission determines that the system is a nuisance or has failed a periodic inspection under§ 285.7(d)(4) of this title; (2) the owner fails to timely inspect the system or submit a report on the inspection as required by§ 285.7(d) of this title, if applicable, for three consecutive intervals; or (3) the owner is notified at least three times during a 12-month period that the system is malfunctioning. (c) If, under§ 285.7l(d)(l) of this title (relating to Authorized Agent Enforcement ofOSSFs), an authorized agent or the commission conditions approval of a permit for an on-site sewage disposal system using aerobic treatment on the system's owner contracting for the maintenance of the system, the order, resolution, or rule may require the maintenance company to: (1) inspect the system at specified intervals; (2) submit a report on each inspection to the authorized agent or commission; and (3) provide a copy of each report submitted to the system's owner. SOURCE: The provisions ofthis § 285.70 adopted to be effective June 13,2001,26 TexReg4115; amended to beef- fective August 3, 2006,31 TexReg 6013 Page76 30 TAC § 285.70 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.7, (relating to Maintenance Requirements). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti· fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 36 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER G. OSSF ENFORCEMENT 30 TAC § 285.71 (2007) § 285.71. Authorized Agent Enforcement ofOSSFs Page 77 (a) Complaints. The authorized agent shall investigate a complaint regarding an on-site sewage facility (OSSF) within 30 days after receipt of the complaint, notify the complainant of the findings, and take appropriate and timely action on all documented violations. Appropriate action may include criminal or civil enforcement action as necessary under the authority of their order, ordinance, or resolution, the Texas Water Code, Chapters 7 and 26, or the Texas Health and Safety Code, Chapters 341 and 366. This may include complaints against: (1) registered apprentices and licensed installers, site evaluators, and designated representatives; (2) individuals performing the duties for aerobic system maintenance as an apprentice, installer, designated repre- sentative, site evaluator, or a professional engineer who is performing site evaluations without a current registration or license; (3) owners in violation of this chapter or the authorized agent's order, ordinance, or resolution; or (4) owners of malfunctioning OSSFs on the owners' property. (b) Conviction or court judgment under subsection (a)(1) and (2) of this section. Upon conviction or court judg- ment, the authorized agent shall send a copy of the conviction or court judgment to the executive director. (c) Referral of complaints under subsection ( a)(l) and (2) of this section. If there are unusual circumstances in- volved, or if the authorized agent is unable to take enforcement action, the authorized agent may refer complaints to the executive director in writing at any time after a documented investigation of the complaint has been completed. SOURCE: The provisions of this§ 285.71 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef- fective December 17,2001,26 TexReg 10363; amended to be effective August 3, 2006,31 TexReg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.81, (relating to Criteria for Disposal ofGraywater); 30 TAC § 285.65, (relating to Suspension or Revocation ofLicense or Registration); 30 TAC § 285.70, (relating to Duties of Owners With Malfunctioning OSSfs). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 37 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER H. DISPOSAL OF GRA YWATER § 285.80. General Requirements (a) Graywater is defined as wastewater from: (1) showers; (2) bathtubs; (3) handwashing lavatories; 30 TAC § 285.80 (2007) ( 4) sinks that are not used for disposal of hazardous or toxic ingredients; (5) sinks that are not used for food preparation or disposal; and (6) clothes-washing machines. Page7S (b) Graywater does not include wastewater from the washing of material, including diapers, soiled with human ex- creta or wastewater that has come in contact with toilet waste. (c) Construction of a graywater system, including storage and disposal systems, must comply with this chapter and any more stringent requirements of the local permitting authority. For the purposes of this subchapter, a graywater sys- tem begins at the graywater stub-out of a single family dwelling. SOURCE: The provisions ofthis § 285.80 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective June 13,2001,26 TexReg 41 15; amended to be effective January 6, 2005,29 TexReg 12204 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec- tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 38 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE ***THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER285. ON-SITE SEWAGE FACILITIES SUBCHAPTER H. DISPOSAL OF GRA YW ATER 30 TAC § 285.81 (2007) § 285.81. Criteria for Disposal of Graywater Page 79 (a) Permits and inspections are not required for the domestic use of less than 400 gallons of graywater each day if: (I) the graywater originates from a single family dwelling; (2) the graywater system is designed so that 100% of the graywater can be diverted to the owner's on-site sewage facility (OSSF) system during periods of non-use of the graywater system. A graywater system may only be connected to the OSSF system if the following requirements are met. (A} The connection must be in the line between the house stub-out for the OSSF and the OSSF treatment tank (B) The discharge from the graywater system must enter the OSSF system through two backwater valves or back- water preventers; (3) the graywater is stored in tanks and the tanks: (A) are clearly labeled as nonpotable water; (B) restrict access, especially to children; (C) eliminate habitat for mosquitoes and other vectors; (D) are able to be cleaned; and (E) meet the structural requirements of the 2004 American Water Works Association standards; (4) the graywater system uses piping clearly identified as a nonpotable water conduit, including identification through the use of painted purple pipe, purple pipe, pipe taped with purple metallic tape, or other methods approved by the commission; (5) the graywater is applied at a rate that will not result in ponding or pooling or will not cause runoff across the property lines or onto any paved surface; and (6) the graywater is not disposed of using a spray distribution system. (b) No reduction in the size of the OSSF system will be allowed when using a graywater system. (c) Builders of single family dwellings are encouraged to: (1) install plumbing in new housing to collect graywater from all allowable sources; and (2) design and install a subsurface graywater system around the foundation of new housing to minimize foundation movement or cracking. (d) Graywater from a graywater system as described in subsection (a) of this section may only be used: ( l) around the foundation of new housing to minimize foundation movement or cracking; Page 80 30 TAC § 285.81 (2) for gardening; (3) for composting; or ( 4) for landscaping at a single family dwelling. (e) All aspects of the permitting, planning, construction, operation, and maintenance for any proposed graywater system that does not meet the requirements of subsection (a) of this section must meet the requirements of the remainder of this chapter. (f) The installer of the graywater system must advise the owner of basic operating and maintenance procedures in· eluding any effects on the OSSF system. (g) Graywater use must not create a nuisance or damage the quality of surface water or groundwater. If graywater use creates a nuisance or damages the quality of surface water or groundwater, the permitting authority may take action under§ 285.71 ofthis title (relating to Authorized Agent Enforcement ofOSSFs). (h) Homeowners who have been discharging wastewater from residential clothes-washing machines, otherwise known as laundry graywater, directly onto the ground prior to the effective date of this rule, may continue this discharge under the following conditions. (I) The disposal area shall not create a public health nuisance. (2) Surface ponding shall not occur in the disposal area. (3) The disposal area shall support plant growth or be sodded with vegetative cover. (4) The disposal area shall have limited access and use by residents and pets. (5) Laundry graywater that has been in contact with human or animal waste shall not be discharged on the ground surface and shall be treated and disposed of according to§ 285.32 and§ 285.33 ofthis title (relating to Criteria for Sew- age Treatment Systems and Criteria for Effluent Disposal Systems, respectively). (6) Laundry graywater shall not be discharged to an area where the soil is wet. (7) The use of detergents that contain a significant amount of phosphorus, sodium, or boron should be avoided. (8) A lint trap shall be required at the end of the discharge line. (i) Graywater systems that are altered, create a nuisance, or discharge graywater from any source other than clothes-washing machines are not authorized to discharge graywater under subsection (h) of this section. SOURCE: The provisions of this§ 285.81 adopted to be effective June 13,2001,26 TexReg 4115; amended to beef· fective January 6, 2005,29 TexReg 12204 NOTES: CROSS-REFERENCES: This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protec· tion Plans, Notification, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities). 39 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE **"'THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** § 285.90. Figures TITLE 30. ENVIRONMENTAL QUALITY PART I. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE FACILITIES SUBCHAPTER I. APPENDICES 30 TAG§ 285.90 (2007) Page 81 The following figures are necessary for the proper location, planning, construction, and installation of an on-site sew- age facility (OSSF). (I) Figure I. Maximum Application Rates for Surface Application of Treated Effluent in Texas. Click here to view figure (2) Figure 2. Model Deed and Affidavit Language. Click here to view figure (3) Figure 3. Sample Testing and Reporting Record. Click here to view figure (4) Figure 4. Typical Drainfields-Sectional View. Click here to view figure (5) Figure 5. Typical Drainfields. Click here to view figure (6) Figure 6. Two Compartment Septic Tank. Click here to view figu (7) Figure 7. Two Septic Tanks in Series. Page 82 30 T AC § 285.90 Click here to view figure (8) Figure 8. Intermittent Sand Filters. Click here to view figure (9) Figure 9. Intermittent Sand Filter Underdrain and Pumpwell. Click here to view figure SOURCE: The provisions ofthis § 285.90 adopted to be effective February 5, 1997,22 Tex.Reg 1114; amended to be effective June 13,2001,26 TexReg 4115; amended to be effective August 3, 2006,31 TexReg 6013 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.7, (relating to Additional Application Requirements for Surface Irrigation Systems); 30 TAC § 285.32, (relating to Criteria for Sewage Treatment Systems); 30 TAC § 285.33, (relating to Criteria for Sewage Disposal Systems); 30 TAC § 285.7, (relating to Maintenance Requirements); 30 TAC § 285.33, (relating to Criteria for Effluent Disposal Systems). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 TAC § 210.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 30 TAC § 213.24, (relating to Technical Report); 30 TAC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability); 30 TAC § 30.244, (relating to Exemptions); 30 TAC § 330.207, (relating to Contaminated Water Management). 40 of 40 DOCUMENTS TEXAS ADMINISTRATIVE CODE *'*THIS DOCUMENT REFLECTS ALL RULES IN EFFECT AS OF JANUARY 31,2007 *** § 285.91 . Tables TITLE 30. ENVIRONMENTAL QUALITY PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 285. ON-SITE SEWAGE F ACILITJES SUBCHAPTER I. APPENDICES 30 TAC § 285.91 (2007) The following tables are necessary for the proper location, planning, construction, and installation of an OSSF. (I) Table I. Effluent Loading Requirements Based on Soil Classification. [See table, form or illustration in printed version] (2) Table II. Septic Tank Minimum Liquid Capacity. [See table, form or illustration in printed version] (3) Table III. Wastewater Usage Rate. [See table, form or illustration in printed version] (4) Table IV. Required Testing and Reporting. [See table, form or illustration in printed version] (5) Table V. Criteria for Standard Subsurface Absorption Systems. [See table, form or illustration in printed version] (6) Table VI. USDA Soil Textural Classifications. [See table, form or illustration in printed version] (7) Table VII. Yearly Average Net Evaporation (Evaporation-Rainfall). [See table, form or illustration in printed version] (8) Table VIII. OSSF Excavation Length (3 Feet in Width or Less). [See table, form or illustration in printed version) (9) Table IX. OSSF System Designation. [See table, form or illustration in printed version] (10) Table X. Minimum Required Separation Distances for On-Site Sewage Facilities. [See table, form or illustration in printed version] Page 83 Page 84 30 TAC § 285.91 (I I) Table XI. Intermittent Sand Filter Media Specifications (ASTM C-33). [See table, fonn or illustration in printed version] (12) Table XII. OSSF Maintenance Contracts, Affidavit, and Testing/Reporting Requirements. [See table, form or illustration in printed version} (13) Table XIII. Disposal and Treatment Selection Criteria. [See table, form or illustration in printed version] SOURCE: The provisions ofthis § 285.91 adopted to be effective February 5, 1997,22 TexReg 1114; amended to be effective June 13,2001,26 TexReg 4115; amended to be effective December 17,2001,26 TexReg 10363 NOTES: CROSS-REFERENCES: This Section cited in 30 TAC § 285.4, (relating to Facility Planning); 30 T AC § 285.5, (relat- ing to Submittal Requirements for Planning Materials); 30 TAC § 285.7, (relating to Additional Application Require- ments for Surface Irrigation Systems); 30 TAC § 285.30, (relating to Site Evaluation); 30 TAC § 285.31, (relating to Setback and Separation Requirements); 30 TAC § 285.32, (relating to Criteria for Sewage Treatment Systems); 30 TAC § 285.33, (relating to Criteria for Sewage Disposal Systems); 30 TAC § 285.34, (relating to Other Requirements); 30 TAC § 285.54, (relating to Qualifications); 30 TAC § 285.50, (relating to General Requirements). This Chapter cited in 30 TAC § 210.1, (relating to Applicability); 30 T AC § 21 0.3, (relating to Definitions); 30 TAC § 213.3, (relating to Definitions); 30 TAC § 213.5, (relating to Required Edwards Aquifer Protection Plans, Noti- fication, and Exemptions); 3 0 T AC § 213.24, (relating to Technical Report); 30 T AC § 330.65, (relating to Registration for Solid Waste Management Facilities); 30 TAC § 30.231, (relating to Purpose and Applicability).