Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 285.
ON-SITE SEWAGE FACILITIES
The Texas Commission on Environmental Quality (commission) proposes
amendments to §§285.2, 285.7, 285.33, 285.50, 285.61, 285.70, 285.71,
and 285.90. The commission also proposes the repeal of §285.64 and new §285.64
and §285.65.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The proposed rules would implement requirements in House Bill (HB) 2510,
79th Legislature, 2005, relating to the regulation of on-site sewage disposal
systems using aerobic treatment and the maintenance of those systems. The
proposed rules would also address enforcement for noncompliance. HB 2510 impacts
two chapters within 30 TAC. These are Chapter 30, Occupational Licenses and
Registrations, and Chapter 285, On-Site Sewage Facilities. This proposal would
address the revisions to Chapter 285. The changes to Chapter 30 have previously
been addressed in a separate rulemaking (Rule Project Number 2005-040-285-CE).
This proposed rulemaking would address the registration requirements for
maintenance companies that provide service or maintenance of on-site sewage
disposal systems using aerobic treatment. It also would address requirements
for a homeowner who wishes to maintain the aerobic system at the homeowner's
residence without the necessity of a maintenance contract with a maintenance
company. Additionally, there are three changes to Chapter 285 not related
to HB 2510. The first relates to revising the definition of subdivision, and
the other two changes relate to more specific direction for design of mound
and soil substitution disposal options.
The commission administers the On-Site Sewage Facility (OSSF) Program that
currently includes executive director delegation of OSSF authority to counties,
municipalities, and river authorities.
The proposed rules would create requirements for maintenance companies,
individuals who provide maintenance for compensation, and homeowners who perform
their own maintenance. The proposed rules would also clarify the definitions
of maintenance company (to include the Chapter 30 definition of maintenance
provider) and subdivision (to agree with the definition of subdivision within
the Local Government Code). Finally, the proposed rules would also clarify
OSSF disposal options of mound drainfields and soil substitution drainfield
design options.
The proposed rules would further define the commission's regulations regarding
servicing or maintenance of OSSFs using aerobic treatment under Texas Health
and Safety Code (THSC), Chapter 366. The purpose of the statute is to regulate
maintenance companies and their ability to service and maintain on-site sewage
disposal systems using aerobic treatment. The failure of an OSSF is the fundamental
cause of OSSF-related public health hazards and provides a medium for the
transmission of disease. The failure of an OSSF may be caused by a number
of factors, including inadequate soil texture, improper construction, improper
planning, improper installation, and inadequate maintenance. Approximately
25% of all homes in Texas use OSSFs because options for centralized collection,
treatment, and disposal systems are not available. In Fiscal Year 2004 alone,
there were more than 41,000 newly permitted OSSFs in Texas. Of these, nearly
23,000 (53%) were aerobic systems.
The proposed rules would specify requirements for maintenance companies
to obtain an occupational registration to perform service and maintenance
of on-site sewage disposal systems using aerobic treatment. The significant
revisions in these rules would include changes to the requirements for maintenance
companies, installers, enforcement proceedings, and training for maintenance
companies.
Finally, the proposed rules would delineate the training requirements for
both homeowners, installers, and maintenance companies. Specifically, these
rules propose six hours of training for homeowners who perform their own maintenance
and a minimum of 16 hours of training for registered maintenance companies.
SECTION BY SECTION DISCUSSION
The commission proposes administrative changes throughout these sections
to be consistent with Texas Register requirements and other agency rules and
guidelines and to conform to the drafting standards in the
Texas Legislative Council Drafting Manual,
November 2004.
Subchapter A - General Provisions
The proposed amendment to §285.2, Definitions, would provide for consistency
with the definition of Edwards Aquifer Recharge Zone, as provided in 30 TAC
Chapter 213, Edwards Aquifer. The proposed amendment to §285.2 would
also provide additional scope to the definition for maintenance company to
include maintenance providers, as defined in §30.7, Definitions, and
to include the new provisions from HB 2510 relating to maintenance provided
for compensation. Additionally, the proposed amendment to §285.2 would
provide an updated definition of subdivision to reflect the subdivision definition
found in Local Government Code, §232.001(a-1).
The proposed amendment to §285.7, Maintenance Requirements, would
revise current rules for maintenance companies, which reflects changes to
THSC, §366.0515(n), relating to certification, training, and registration
for both maintenance companies and individuals employed by maintenance companies.
The statute also eliminates the current acceptance of a wastewater Class D
license as a prerequisite for performing maintenance. However, provisions
have been added for wastewater Class D licensees to continue to provide maintenance
until September 1, 2008, provided that they held a valid wastewater Class
D license as of August 31, 2006. Finally, the current rules allow homeowner
maintenance in counties with a population less than 40,000. The proposed amendment
would reflect the provisions of THSC, §366.051(g) - (k), and would allow
homeowners in every county to perform their own aerobic system maintenance
if the homeowner has six hours of commission-approved training from either
the manufacturer or installer, under specified time frames, and the county
has not imposed more stringent standards. The proposed amendment would also
provide for routine inspections by the permitting authority, not to be greater
than once every five years unless the owner has failed to properly maintain
the aerobic system and requires a homeowner to obtain a maintenance contract
if the aerobic system is not properly maintained.
Subchapter D - Planning, Construction, and Installation
Standards for OSSFs
The proposed amendment to §285.33, Criteria for Effluent Disposal
System, would provide the construction requirements for a mound drainfield
in subsection (d)(3) and would quantify the positive allowances for slopes
and the existing or new soil interface. The proposed amendment to §285.33
would also provide clearer requirements for designing a soil substitution
drainfield in subsection (d)(4) and would not allow for soil substitution
using Class III soils, which generally tend to erratically treat and disperse
effluent.
Subchapter F - Licensing and Registration Requirements
for Installers, Apprentices, Designated Representatives, Site Evaluators,
and Maintenance Companies
The proposed amendment to §285.50, General Requirements, would provide
for commission registration of maintenance companies.
The proposed amendment to §285.61, Duties and Responsibilities of
Installers, would provide for mandatory homeowner training by the installer
of an aerobic system when requested by the homeowner.
The proposed repeal of §285.64, Suspension or Revocation of License
or Registration, would be replaced by new proposed §285.64, Duties and
Responsibilities of Maintenance Companies. This section would address the
requirements in §285.7 for maintenance companies and assist in enforcement
referrals by permitting authorities and the commission.
The proposed new §285.65, Suspension or Revocation of License or Registration,
would include all of the provisions currently found in §285.64 and add
the revocation of a maintenance company's registration for failure to either
properly maintain an aerobic system or submit required reports. This section
would reflect the provisions of §285.7 for maintenance companies and
assist in enforcement referrals.
Subchapter G - OSSF Enforcement
The proposed amendment to §285.70, Duties of Owners With Malfunctioning
OSSFs, includes specific language for homeowners who desire to maintain their
own aerobic systems, as reflected in §285.7(c)(4).
The proposed amendment to §285.71, Authorized Agent Enforcement of
OSSFs, adds provisions in the rules for complaints regarding the performance
of the maintenance of an aerobic system by maintenance companies or homeowners.
Subchapter I - Appendices
The proposed amendment to §285.90, Figures, would revise references
in Figure 2, the model deed and affidavit, from the Texas Natural Resource
Conservation Commission (TNRCC) to the Texas Commission on Environmental Quality
(TCEQ). Additionally, the proposed amendment to §285.90 would add instructions
in Figure 3, the sample testing and reporting record for homeowners providing
their own maintenance. This also reflects the provisions within §285.7(d),
Maintenance Requirements. The proposed amendment to §285.90 would also
delete Class III soils as fill in Figure 4, soil substitution drainfields
for the typical drainfields - sectional view diagram. This reflects the design
changes in §285.33(d)(4), Criteria For Effluent Disposal Systems, relating
to soil substitution drainfields.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Jeff Horvath, Analyst, Strategic Planning and Assessment Section, determined
that for the first five-year period the proposed rules are in effect, fiscal
implications are anticipated for the commission and other units of local government
due to the administration and enforcement of the proposed rules. Maintenance
companies, homeowners, manufacturers, and installers of aerobic on-site sewage
disposal systems will also be fiscally impacted by the new requirements.
The proposed rules would implement provisions of HB 2510, 79th Legislature,
2005, by creating requirements for aerobic on-site sewage disposal system
manufacturers, installers, maintenance companies, individuals who provide
maintenance for compensation, and homeowners who perform their own maintenance.
The proposed rules would specify the requirements needed for manufacturers,
installers, maintenance companies, and homeowners in order to perform service
and maintenance of on-site sewage disposal systems using aerobic treatment.
The proposed rules also provide changes for enforcement responsibilities for
the commission and units of local government.
The proposed rules are expected to result in additional responsibilities
for local units of government that are permitting authorities for on-site
sewage facilities. The commission, counties, municipalities, and river authorities
will have to monitor compliance with the new rules by installers, maintenance
companies, and homeowners who choose to provide their own maintenance of aerobic
OSSFs. Permitting authorities will have to ensure that maintenance companies
and homeowners who provide their own maintenance have received the required
training from the manufacturer or installer and that they have obtained the
proper certification. In addition, maintenance companies will need to have
obtained the proper registration from the commission.
Permitting authorities will also have to ensure that maintenance companies
and homeowners submit the required maintenance report three times each year
and that each facility is routinely inspected no more than once every five
years. It is expected that the permitting authorities will also have to respond
to any complaints, and may have to pursue other enforcement related activities
including litigation. These additional responsibilities are expected to result
in costs for the estimated 325 affected local permitting authorities, although
costs will depend upon how many aerobic facilities are in their jurisdiction
and the necessity for personnel and equipment upgrades as well as their ability
to provide enforcement. These costs may be as high as $100,000, but program
staff at the commission have estimated that on average, these additional costs
will be in the range of $10,000 each year. Local authorities are expected
to adjust fees for their on-site facility programs to cover these additional
costs.
Additional costs are also expected for the commission as a result of the
proposed rules. Modifications will be required for the current enforcement
database in order to incorporate the new maintenance company registration
program. These modifications will need to be completed prior to March 1, 2006,
the date that the commission is required to accept applications for the registrations.
The modifications to the database are estimated to cost approximately $20,000.
Additionally, there may be increased responsibility for personnel in some
commission regional offices in order to monitor manufacturer, installer, maintenance
company, and homeowner compliance as well as additional responsibilities for
central office staff to approve training modules expected to be provided by
the manufacturers or installers. Costs to implement the new program will be
offset through the collection of the $70 registration fee for each employee
who provides maintenance. Maintenance companies will also be required to pay
$70 every two years for renewal of the registration. It is estimated that
there may be anywhere from 2,500 to 4,000 separate registrations with the
commission over a two-year period that would generate approximately $175,000
to $280,000 in fee revenue. Fee revenue will be deposited into, and expenses
will be paid from, the Occupational Licensing Account 0468. The legislature
appropriated the commission $166,960 in Fiscal Year 2006 and $127,470 in Fiscal
Year 2007 to administer the program. Local authorities and the commission
will also have the authority to assess and collect fines for noncompliance
with the proposed rules.
PUBLIC BENEFITS AND COSTS
Mr. Horvath also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from the
changes seen in the proposed rules will be compliance with state law and the
enhanced protection of the public health and environment through the proper
servicing and maintenance of on-site sewage disposal systems using aerobic
treatment.
Fiscal implications are anticipated for homeowners, manufacturers, installers,
and maintenance companies within the state that sell, install, and service
aerobic on-site sewage facilities.
The proposed rules are expected to affect at least 32 different manufacturers
of aerobic on-site sewage treatment equipment as they will be required to
provide training to homeowners and installers and employees of companies that
provide installation and maintenance of on-site sewage facilities. The manufacturing
companies will be officially tracking and certifying all maintenance company
personnel who provide maintenance in addition to all homeowners who have been
trained to maintain their own aerobic OSSFs. Some maintenance companies may
have to be certified by all 32 manufacturers. It is assumed that there will
be administrative costs for the certification and that these costs will be
recovered through fees charged to those who are required to be certified.
Installers and maintenance companies will also be tracking and reporting to
permitting authorities which homeowners have been trained to provide their
own maintenance. There will be costs to provide this required tracking and
training (16 hours minimum and 32 hours maximum for registered maintenance
companies and six hours maximum of training for homeowners). These costs are
expected to be recovered through fees that are estimated to be between $200
and $400 for the one-time training. Both individuals providing maintenance
for compensation and maintenance companies will have to register with the
commission and pay a fee of $70 every two years to maintain their registration.
Homeowners do not have to register with the commission.
Homeowners and registered maintenance companies will have to test systems
three times each year and report the results to the local permitting authority.
There will be costs for test kits, especially for homeowners, but these costs
are not expected to be significant. Homeowners who choose not to provide their
own maintenance will have to secure a maintenance contract with a maintenance
company. Costs for a maintenance contract are expected to be between $150
to $600 each year. Any additional costs for manufacturers, installers, or
maintenance companies to implement the proposed rules are expected to be passed
on to consumers, though in general costs are not anticipated to be significant.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
Adverse fiscal implications are anticipated for small or micro-businesses
that maintain aerobic on-site sewage facilities. Costs are anticipated for
those small or micro-businesses that manufacture aerobic on-site sewage equipment,
but these costs are anticipated to be recovered through training and certification
fees. Maintenance companies will have costs in the first year the proposed
rules are in effect for training, registration, and certification. Training
and registration costs are estimated to be between $270 and $470. A small
business is defined as having fewer than 100 employees or less than $1 million
in annual gross receipts. Maintenance companies that are small businesses
are estimated to have costs of at least $2.70 to $4.70 per employee. A micro-business
is defined as having no more than 20 employees. The cost per employee for
a micro-business providing maintenance is estimated to be approximately $13.50
to $23.50 during the first year of implementation.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission reviewed this proposed rulemaking and determined that a
local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed this rulemaking in light of the regulatory analysis
requirements of Texas Government Code, §2001.0225, and determined that
the rulemaking is not subject to §2001.0225 because it does not meet
the definition of a "major environmental rule" as defined in that statute.
Major environmental rule means a rule, the specific intent of which, is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The intent of this
proposal is to implement legislation that allows regulation of on-site sewage
disposal systems using aerobic treatment and the maintenance of those systems.
This proposal does not adversely affect, in a material way, the economy, a
section of the economy, productivity, competition, jobs, the environment,
or the public health and safety of the state or a sector of the state.
In addition, the proposed rules are not subject to Texas Government Code, §2001.0225,
because they do not meet the four criteria specified in §2001.0225(a).
Texas Government Code, §2001.0225(a), applies to a rule adopted by a
commission, the result of which is to: 1) exceed a standard set by federal
law, unless the rule is specifically required by state law; 2) exceed an express
requirement of state law, unless the rule is specifically required by federal
law; 3) exceed a requirement of a delegation agreement or contract between
the state and a commission or representative of the federal government to
implement a state and federal program; or 4) adopt a rule solely under the
general powers of the commission instead of under a specific state law. The
proposed rules do not meet any of these requirements. First, these revisions
do not exceed a standard set by federal law as there are no federal requirements
for maintaining OSSFs. Second, these revisions do not exceed an express requirement
of state law but are being proposed to implement state law. Therefore, the
rulemaking does not exceed an express requirement of state law. Third, the
commission is not a party to a delegation agreement with the federal government
concerning a state and federal program that would be applicable to requirements
set forth in these rules. Therefore, there are no delegation agreement requirements
that could be exceeded by these rules. Fourth, this proposed rulemaking does
not adopt a rule solely under the general powers of the commission. The requirements
that would be implemented through these rules are specified in THSC, Chapter
366, which requires the commission to enact rules governing the installation
of OSSFs. Therefore, the commission does not propose these rules solely under
the commission's general powers.
Thus, a regulatory analysis is not required because the proposed rules
do not meet the criteria of a major environmental rule contained in Texas
Government Code, §2001.0225. The commission invites public comment regarding
this draft regulatory impact analysis determination.
TAKINGS IMPACT ASSESSMENT
The commission performed a preliminary assessment of these rules in accordance
with Texas Government Code, §2007.043. The following is a summary of
that assessment. The specific purpose of the rules is to regulate activities
having the potential for causing pollution of the waters in Texas. The rules
will substantially advance this specific purpose by the regulation of on-site
sewage disposal systems using aerobic treatment as well as maintenance and
enforcement of those systems. Promulgation and enforcement of the proposed
rules would be neither a statutory nor a constitutional taking because they
do not adversely affect private real property. The rulemaking does not affect
private property in a manner that restricts or limits an owner's right to
the property that would otherwise exist in the absence of a governmental action.
Texas Government Code, Chapter 2007, does not apply to this rulemaking because
the promulgation and enforcement of these rules will not create a burden on
private real property. The commission invites public comment on this preliminary
takings impact assessment.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found that the proposal
is subject to the Texas Coastal Management Program (CMP) in accordance with
the Coastal Coordination Act, Texas Natural Resources Code, §§33.201 et seq., and therefore must be consistent with all
applicable CMP goals and policies. The commission conducted a consistency
determination for the proposed rules in accordance with Coastal Coordination
Act Implementation Rules, 31 TAC §505.22, and found the proposed rulemaking
is consistent with the applicable CMP goals and policies.
CMP goals applicable to the proposed rule(s) include: to protect, preserve,
restore, and enhance the diversity, quality, quantity, functions, and values
of coastal natural resource areas; to ensure sound management of all coastal
resources by allowing for compatible economic development and multiple human
uses of the coastal zone; and to ensure and enhance planned public access
to and enjoyment of the coastal zone in a manner that is compatible with private
property rights and other uses of the coastal zone.
CMP policies applicable to the proposed rule(s) include that commission
rules under THSC, Chapter 366, governing on-site sewage disposal systems require
that on-site disposal systems be located, designed, operated, inspected, and
maintained so as to prevent releases of pollutants that may adversely affect
coastal waters.
The proposed rules are consistent with the goals and policies because they
require testing, sampling, and maintenance of aerobic systems sufficient to
prevent releases of pollutants.
Promulgation and enforcement of these rules will not violate or exceed
any standards identified in the applicable CMP goals and policies because
the proposed rules are consistent with these CMP goals and policies and because
these rules do not create or have a direct or significant adverse effect on
any coastal natural resource areas.
Written comments on the consistency of this rulemaking may be submitted
to the contact person at the address listed under the SUBMITTAL OF COMMENTS
section of this preamble.
SUBMITTAL OF COMMENTS
Comments may be submitted to Holly Vierk, MC 205, Texas Register Team,
Office of Legal Services, Texas Commission on Environmental Quality, P.O.
Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments
should reference Rule Project Number 2005-040-285-CE. Comments must be received
by 5:00 p.m., March 27, 2006. For further information, please contact Joseph
L. Strouse, P.E., Compliance Support Division, at (512) 239-6003.
Subchapter A. GENERAL PROVISIONS
30 TAC §285.2, §285.7
STATUTORY AUTHORITY
The amendments are proposed under the authority granted to the commission
by the Texas Legislature in Texas Water Code (TWC), Chapter 37, and THSC,
Chapter 366. The amendments are also proposed under the general authority
granted in TWC, §5.013, which establishes the general jurisdiction of
the commission over other areas of responsibility as assigned to the commission
under the TWC and other laws of the state; TWC, §5.102, which establishes
the commission's authority necessary to carry out its jurisdiction; TWC, §5.103
and §5.105, which authorize the commission to adopt rules and policies
necessary to carry out its responsibilities and duties under TWC, §5.013;
and TWC, §7.002, which authorizes the commission to enforce provisions
of the TWC and the THSC.
The proposed amendments implement TWC, §37.002, which requires the
commission to adopt rules to establish registration requirements for maintenance
providers that will service and maintain on-site sewage disposal systems using
aerobic treatment under THSC, §366.0515, and to impose administrative
and criminal penalties under TWC, §§7.173 - 7.175.
§285.2.Definitions.
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, [
(1)
(No change.)
(2)
Alter--To change an on-site sewage facility [
(A) - (E)
(No change.)
(3)
(No change.)
(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 facility
[
(6) - (11)
(No change.)
(12)
Compensation--A payment to construct, alter, repair, extend,
maintain, or install an
on-site sewage facility
[
(13) - (14)
(No change.)
(15)
Construct--To engage in any activity related to the installation,
alteration, extension, or repair of an
on-site sewage facility (OSSF)
[
(16)
Delegate--The executive director's act of assigning authority
to implement the
on-site sewage facility
[
(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
[
(18)
(No change.)
(19)
Direct supervision--The responsibility of an installer
to oversee, direct, and approve all actions of an apprentice relating to the
construction of an
on-site sewage facility
[
(20) - (21)
(No change.)
(22)
Edwards Aquifer Recharge
Zone
[
(23)
Extend--To alter an
on-site sewage facility
[
(24) - (31)
(No change.)
(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)
(No change.)
(35)
Maintenance--Required or routine performance checks, examinations,
upkeep, cleaning, or mechanical adjustments to an
on-site sewage facility
[
(36)
Maintenance company--A person or business that maintains
on-site sewage facilities
[
(37)
Maintenance findings--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
[
(39) - (40)
(No change.)
(41)
Notice of approval--Written permission from the permitting
authority to operate an
on-site sewage facility
[
(42)
Nuisance--
(A)
(No change.)
(B)
an overflow from a septic tank or similar device, including
surface discharge from or groundwater contamination by a component of an
on-site sewage facility
[
(C)
(No change.)
(43) - (45)
(No change.)
(46)
Operate--To use an
on-site sewage facility
[
(47)
Owner--A person who owns property served by an
on-site
sewage facility (OSSF)
[
(48)
(No change.)
(49)
Permit--An authorization, issued by the permitting authority,
to construct or operate an
on-site sewage facility
[
(50) - (55)
(No change.)
(56)
Proprietary system--An
on-site sewage facility
[
(57)
Recharge feature--Permeable geologic or manmade feature
located on the Edwards Aquifer
Recharge Zone
[
(A)
(No change.)
(B)
rapid infiltration from the
on-site sewage facility
[
(58) - (59)
(No change.)
(60)
Repair--To replace any components of an
on-site sewage
facility (OSSF)
[
(61) - (66)
(No change.)
(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
suitability of a site for an
on-site sewage facility
[
(68) - (70)
(No change.)
(71)
Subdivision--A
division of a
tract of
land,
[
(72)
Well--A water well, injection well, dewatering well, monitoring
well, piezometer well, observation well, or recovery 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).
§285.7.Maintenance Requirements.
(a)
Maintenance requirements. Maintenance requirements for
all
on-site sewage facilities (OSSFs)
[
(b)
Maintenance company.
(1)
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 of the system. A manufacturer may not unreasonably
withhold certification and, except as otherwise provided by this subsection,
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 maintenance. This course must
be a minimum of 16 classroom hours of instruction in public health and safety,
proper maintenance 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 non-standard systems, an individual
providing maintenance shall be trained by the professional engineer or professional
sanitarian responsible for preparing the planning materials for a non-standard
system.
[(1)
At least one individual in the company
shall hold either an Installer II license or a Class D or higher wastewater
operator license.]
[(A)
That individual shall also be certified by the manufacturer
for the system being maintained. Effective 180 days after the effective date
of these rules, the manufacturer shall certify the individual only after the
individual has attended a training class approved by the executive director
and conducted by the manufacturer.]
[(B)
That individual shall also be trained by the professional
engineer or professional sanitarian responsible for preparing the planning
materials, if performing required maintenance on an OSSF that is professionally
designed as a non-standard system.]
(3)
[
(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.
(1)
Contract provisions. The OSSF maintenance contract shall,
at a minimum:
(A) - (B)
(No change.)
(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) - (E)
(No change.)
(2)
Contract submittals. Unless excepted by paragraph (4) of
this subsection, a copy of the signed maintenance contract 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)
(No change.)
(B)
Ongoing
[
(3)
Amendments or terminations.
(A) - (C)
(No change.)
(D)
If a maintenance contract is discontinued or terminated,
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
treatment system for a single family residence shall either maintain the system
personally or obtain a new maintenance contract.
(A)
If the owner of an OSSF using aerobic treatment for a single-family
residence elects to maintain the system directly 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 manufacturer.
(i)
Training for the homeowner of an aerobic OSSF must be given
within 30 calendar days of the date when requested by the homeowner. Additionally,
this training must be completed a minimum of 30 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.
(II)
An installer 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 penalties to the installer, as described in §285.61
of this title (relating to Duties and Responsibilities of installers). These
penalties may include revocation of the installer's license and registration
as a maintenance provider.
(III)
The specific on-site maintenance training for owners
of aerobic systems must:
(-a-)
have been previously approved by the executive director;
(-b-)
provide for no more than six hours of training;
(-c-)
be provided and completed in a timely manner that allows
the owner to be trained and comply with the requirements of training and maintenance
of this subsection and §285.70 of this 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 imposed by an authorized agent
or the commission applicable to a maintenance company that contracts to maintain
a system.
(C)
If the residence is sold, the new homeowner, not later
than the 30th day after the date the owner takes possession of the property,
must obtain the training required by this subsection from either an installer
certified by the manufacturer of the system or the manufacturer. If the homeowner
does not request training, then the homeowner must contract with a maintenance
company for the maintenance of the system.
[(4)
Exceptions to maintenance contract. At
the end of the initial two-year maintenance period, the owner of an aerobic
treatment system for a single family dwelling located in a county with a population
of less than 40,000 shall either maintain the system personally or shall obtain
a new maintenance contract. If the owner elects to maintain the system directly,
the owner shall, before performing any maintenance, obtain training for the
system from an installer who has been certified by the manufacturer. At least
30 days before the expiration of the maintenance contract, the owner must
provide the permitting authority a written statement, signed by the installer,
stating that the owner has been trained to maintain the system. In the absence
of a maintenance contract, the owner is responsible for maintenance, testing,
and reporting results to the permitting authority. The permitting authority
cannot require a contract as a condition for approval of a permit for an OSSF
in a county with a population of less than 40,000 if the owner chooses to
maintain the system.]
(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 and §285.91(4)
of this title (relating to Tables). 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.
[(1)
The maintenance company or the owner,
if the owner decides to maintain the OSSF personally as allowed in subsection
(c)(4) of this section, shall test and report for each system as required
in §285.91(4) of this title. The report shall include any responses to
owner complaints, the results of the maintenance company's findings, or the
owner's findings, and the test results. The report shall be submitted to the
permitting authority and the owner within 14 days after the date the test
is performed.]
(2)
(No change.)
(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 subsection (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 of the installed on-site
aerobic system shall make available to the homeowner 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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 10, 2006.
TRD-200600683
Stephanie Bergeron Perdue
Acting Deputy, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 239-0177
30 TAC §285.33
STATUTORY AUTHORITY
The amendment is proposed under the authority granted to the commission
by the Texas Legislature in TWC, Chapter 37, and THSC, Chapter 366. The amendment
is also proposed under the general authority granted in TWC, §5.013,
which establishes the general jurisdiction of the commission over other areas
of responsibility as assigned to the commission under the TWC and other laws
of the state; TWC, §5.102, which establishes the commission's authority
necessary to carry out its jurisdiction; TWC, §5.103 and §5.105,
which authorize the commission to adopt rules and policies necessary to carry
out its responsibilities and duties under TWC, §5.013; and TWC, §7.002,
which authorizes the commission to enforce provisions of the TWC and the THSC.
The proposed amendment implements TWC, §37.002, which requires the
commission to adopt rules to establish registration requirements for maintenance
providers that will service and maintain on-site sewage disposal systems using
aerobic treatment under THSC, §366.0515, and to impose administrative
and criminal penalties under TWC, §§7.173 - 7.175.
§285.33.Criteria for Effluent Disposal Systems.
(a)
(No change.)
(b)
Standard disposal systems. Acceptable standard disposal
methods shall consist of a drainfield to disperse the effluent either into
adjacent soil (absorptive) or into the surrounding air through evapotranspiration
(evaporation and transpiration).
(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) of this title (relating to
Selection
[
(i) - (v)
(No change.)
(vi)
If the borings or backhoe pits excavated during the site
evaluation encounter a rock horizon and the site evaluation shows that there
is both suitable soil from the bottom of the rock horizon to two feet below
the bottom of the proposed 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) - (VI)
(No change.)
(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 Tables). 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:
Figure: 30 TAC §285.33(b)(1)(A)(vii) (No change.)
(I)
The absorptive area shall be calculated by adding the bottom
area (L x W) of the excavation to the total absorptive area along the excavated
perimeter
2(L+W), (in feet)
[
Figure: 30 TAC §285.33(b)(1)(A)(vii)(I) (No change.)
(II) - (III)
(No change.)
(B)
(No change.)
(C)
Drainline. The drainline shall be constructed of perforated
distribution pipe and fittings in compliance with any one of the following
specifications
:
[
(i)
three- or four-inch
[
(ii)
four-inch
[
(iii)
three- or four-inch
[
(iv)
three- or four-inch
[
(v)
three- or four-inch
[
(vi)
(No change.)
(D)
Drainline
installation requirements
[
(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 unwoven, spun-bounded polypropylene, polyester
,
or
nylon filter wrap.
Figure: 30 TAC §285.33(b)(1)(E) (No change.)
(F) - (H)
(No change.)
(2)
Evapotranspirative (ET) system. An ET system may be used
in soils which are classified as unsuitable for standard 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, reinforced concrete,
gunite, or compacted clay (one foot thick or more). If the liner is rubber
or plastic, it must be impervious, 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
[
(B) - (F)
(No change.)
(3)
Pumped effluent drainfield. Pumped effluent drainfields
shall use the specifications for low pressure dosed drainfields described
in subsection (d)(1) of this section, with the following exceptions.
(A) - (C)
(No change.)
(D)
Lateral depth and vertical separation. All drainfield laterals
shall be between 18 inches and
three
[
(E)
Media. Each dosing pipe shall be placed with the drain
holes facing down and placed on top of at least
six
[
(F) - (H)
(No change.)
(c)
Proprietary disposal systems.
(1)
Gravel-less drainfield piping. Gravel-less pipe may be
used only on sites suitable for standard subsurface sewage 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)(1)(E) of
this section.
(A) - (B)
(No change.)
(C)
Drainfield sizing. To determine appropriate drainfield
sizing, use a drainfield width of W = 2.0 feet for an eight-inch diameter
gravel-less pipe, and an excavation width of W = 2.5 for a
ten-inch
[
Figure: 30 TAC §285.33(c)(1)(C) (No change.)
(2)
Leaching chambers. Leaching chambers are bottomless chambers
that are installed in a drainfield 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 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)
[
(A) - (C)
(No change.)
(3)
Drip
irrigation
[
(A) - (C)
(No change.)
(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
;
[
(E) - (F)
(No change.)
(4)
(No change.)
(d)
Non-standard disposal systems. All disposal systems not
described or defined in subsections (b) and (c) of this section are non-standard
disposal systems. Planning materials for non-standard disposal systems must
be developed by a professional engineer or professional sanitarian using basic
engineering and scientific principles. The planning materials for paragraphs
(1) - (5) 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 non-standard
disposal systems shall be installed according to §285.34(c) of this title
(relating to Other Requirements)
. Upon approval of the planning materials,
an authorization to construct will be issued by the permitting authority.
Approval for a non-standard 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.
(1)
Low pressure dosed drainfield. 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) - (B)
(No change.)
(C)
Pressure dosing systems shall be installed according to
either design criteria in the
North Carolina State
University 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 required 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. Excavated
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 = absorptive area
.
[
(I) - (II)
(No change.)
(ii) - (iv)
(No change.)
(2)
Surface application systems. Surface application systems
include those systems that spray treated effluent onto the ground.
(A) - (B)
(No change.)
(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 operation of the entire
on-site sewage facility OSSF
[
(D) - (F)
(No change.)
(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)
(No change.)
(ii)
Planning
criteria
[
(iii) - (v)
(No change.)
(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 considerations, and sideslope 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).
(A)
A mound drainfield shall only be installed at a site where
there is at least one foot of native soil; however, approval 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 of the media and a restrictive horizon 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
lines which must also run parallel with the contour. The distribution width
is defined as the required distribution area divided by the distribution length.
(i)
The formula A(d) = Q/R(a) shall be used for calculating
the required distribution area of the mound where:
Figure: 30 TAC §285.33(d)(3)(E)(i)
(ii)
The area credited toward the 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 bottom interface area
between the media and soil beneath the media.
(II)
If the distribution area consists of rows of media and
distribution pipe covered piping, the credited area can be calculated using
the formulas listed in paragraph (1)(C)(i)(I) or (II) of this subsection depending
on the depth of the media.
(iii)
For sites with greater than 2% slopes, the length to
width ratio of the distribution area must be at least 7 : 1. 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 application 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 four 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:
Figure: 30 TAC §285.33(d)(3)(F)
(i) On sites with greater than 2% slope, the area credited
toward the required 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 required basal area sizing must include all areas 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.
(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, fractured rock, fissured
rock, or Class II and III soils with greater than 30% gravel.
(A)
A soil substitution drainfield 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
Ib 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 recommended 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) of this title.
(D)
Class Ia soils do not provide adequate treatment of wastewater
through soil contact. A soil substitution drainfield 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)(1)(A)(vii)(I) of this section.
(E)
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 permeable 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 follow the formulas in subsection
(b)(1)(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 III 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)(1)(A)(vii)(I) of this section.
[(3)
Mound drainfields. A mound drainfield,
an absorptive drainfield constructed above the native soil surface, shall
only be installed on sites with less than 10% slope. A mound drainfield shall
only be installed at a site where there is at least one foot of native soil;
however, approval 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. Planning
criteria for mound construction shall either use the design criteria in the
North Carolina State University Sea Grant College Publication UNC-SG-82-04
(1982), the EPA's
On-site Wastewater Treatment and
Disposal Systems Design Manual
(1980) or any technical publication
containing mound system criteria acceptable to the executive director.]
[(A)
The depth of the suitable soil material between the bottom
of the media shall be 1.5 feet to the restrictive horizon or two feet to groundwater.]
[(B)
Effluent shall be pressure dosed into the distribution
piping to ensure equal distribution and to control application rates. Shallow
placement of the pressure distribution pipe is recommended to reduce mound
height. The toe of the mound is considered the edge of the disposal area in
determining the appropriate separation distances as listed in §285.91(10)
of this title.]
[(4)
Soil substitution drainfields. Soil substitution
drainfields may be constructed in Class Ia soils, fractured rock, fissured
rock, or other areas of high permeability where septic tank effluent could
rapidly reach groundwater without undergoing adequate treatment through soil
contact. A soil substitution drainfield is constructed similar to a standard
absorptive drainfield except that a two foot thick Class Ib, Class II or Class
III soil buffer shall be placed below and on all sides of the drainfield excavation.
The soil buffer shall extend at least to the top of the media. There shall
be two feet of soil between the bottom of the media and groundwater. A soil
substitution drainfield shall not be used in Class IV soils, and Class IV
soils shall not be used in a soil substitution drainfield. Disposal areas
shall be sized based on the textural class of the substituted soil. Soil substitution
drainfields shall be designed to address soil compaction to prevent unlevel
systems. It is recommended that low pressure dosing be used for effluent distribution.]
(5)
Drainfields following secondary treatment and disinfection.
Subsurface drainfields following secondary treatment and disinfection may
be constructed in Class Ia soils, fractured rock, fissured rock, or other
conditions where insufficient soil depth will allow septic tank effluent to
reach fractured rock or fissured rock, as long as the following conditions
are met.
(A) - (B)
(No change.)
(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)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 10, 2006.
TRD-200600684
Stephanie Bergeron Perdue
Acting Deputy, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 239-0177
30 TAC §§285.50, 285.61, 285.64, 285.65
STATUTORY AUTHORITY
The amendments and new sections are proposed under the authority granted
to the commission by the Texas Legislature in TWC, Chapter 37, and THSC, Chapter
366. The amendments and new sections are also proposed under the general authority
granted in TWC, §5.013, which establishes the general jurisdiction of
the commission over other areas of responsibility as assigned to the commission
under the TWC and other laws of the state; TWC, §5.102, which establishes
the commission's authority necessary to carry out its jurisdiction; TWC, §5.103
and §5.105, which authorize the commission to adopt rules and policies
necessary to carry out its responsibilities and duties under TWC, §5.013;
and TWC, §7.002, which authorizes the commission to enforce provisions
of the TWC and the THSC.
The proposed amendments and new sections implement TWC, §37.002, which
requires the commission to adopt rules to establish registration requirements
for maintenance providers that will service and maintain on-site sewage disposal
systems using aerobic treatment under THSC, §366.0515, and to impose
administrative and criminal penalties under TWC, §§7.173 - 7.175.
§285.50.General Requirements.
(a) - (i)
(No change.)
(j)
Any individual or company that performs
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 commission.
§285.61.Duties and Responsibilities of Installers.
An installer shall:
(1)
possess a current Installer I or Installer II license before
beginning construction of an
on-site sewage facility (OSSF)
[
(2)
record
the installer's
[
(3) - (4)
(No change.)
(5)
notify the permitting authority of the date on which
the installer
[
(6) - (13)
(No change.)
(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 Requirements); and
(15)
(No change.)
§285.64.Duties and Responsibilities of Maintenance Companies.
A maintenance company shall:
(1)
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, or, if the company
is a sole proprietorship, then the owner shall possess a current Installer
II license and shall be certified by the manufacturer;
(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 maintenance 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 provide 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.
§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, Warning, 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 maintain 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 Requirements) 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; or
(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 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 complaint, according
to §285.71 of this title (relating to Authorized Agent Enforcement of
OSSFs); 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 installer's license,
a designated representative's license, a site evaluator's license, an apprentice's
registration, or a maintenance company's registration for the following reasons.
(1)
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
(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 approved 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, appointed, 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 representative 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.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on February 10, 2006.
TRD-200600685
Stephanie Bergeron Perdue
Acting Deputy, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 239-0177
30 TAC §285.64
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Environmental Quality or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is proposed under the authority granted to the commission by
the Texas Legislature in TWC, Chapter 37, and THSC, Chapter 366. The repeal
is also proposed under the general authority granted in TWC, §5.013,
which establishes the general jurisdiction of the commission over other areas
of responsibility as assigned to the commission under the TWC and other laws
of the state; TWC, §5.102, which establishes the commission's authority
necessary to carry out its jurisdiction; TWC, §5.103 and §5.105,
which authorize the commission to adopt rules and policies necessary to carry
out its responsibilities and duties under TWC, §5.013; and TWC, §7.002,
which authorizes the commission to enforce provisions of the TWC and the THSC.
The proposed repeal implements TWC, §37.002, which requires the commission
to adopt rules to establish registration requirements for maintenance providers
that will service and maintain on- site sewage disposal systems using aerobic
treatment under THSC, §366.0515, and to impose administrative and criminal
penalties under TWC, §§7.173 - 7.175.
§285.64.Suspension or Revocation of License or Registration.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 10, 2006.
TRD-200600686
Stephanie Bergeron Perdue
Acting Deputy, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 239-0177
30 TAC §285.70, §285.71
STATUTORY AUTHORITY
The amendments are proposed under the authority granted to the commission
by the Texas Legislature in TWC, Chapter 37, and THSC, Chapter 366. The amendments
are also proposed under the general authority granted in TWC, §5.013,
which establishes the general jurisdiction of the commission over other areas
of responsibility as assigned to the commission under the TWC and other laws
of the state; TWC, §5.102, which establishes the commission's authority
necessary to carry out its jurisdiction; TWC, §5.103 and §5.105,
which authorize the commission to adopt rules and policies necessary to carry
out its responsibilities and duties under TWC, §5.013; and TWC, §7.002,
which authorizes the commission to enforce provisions of the TWC and the THSC.
The proposed amendments implement TWC, §37.002, which requires the
commission to adopt rules to establish registration requirements for maintenance
providers that will service and maintain on-site sewage disposal systems using
aerobic treatment under THSC, §366.0515, and to impose administrative
and criminal penalties under TWC, §§7.173 - 7.175.
§285.70.Duties of Owners With Malfunctioning OSSFs.
(a)
If the executive director or the authorized
agent determines that an
on-site sewage facility (OSSF)
[
(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 10th 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 aerobic treatment for a single-family
residence on the owner's contracting with a maintenance company for the maintenance
of the system if:
(1)
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 §285.71(d)(1) of this title
(relating to Authorized Agent Enforcement of OSSFs), 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.
§285.71.Authorized Agent Enforcement of OSSFs.
(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)
(No change.)
(2)
individuals performing the duties
for aerobic system
maintenance
as an apprentice, installer, designated representative,
site evaluator, or a professional engineer who is performing site evaluations
without a current registration or license;
(3) - (4)
(No change.)
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 10, 2006.
TRD-200600687
Stephanie Bergeron Perdue
Acting Deputy, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 239-0177
30 TAC §285.90
STATUTORY AUTHORITY
The amendment is proposed under the authority granted to the commission
by the Texas Legislature in TWC, Chapter 37, and THSC, Chapter 366. The amendment
is also proposed under the general authority granted in TWC, §5.013,
which establishes the general jurisdiction of the commission over other areas
of responsibility as assigned to the commission under the TWC and other laws
of the state; TWC, §5.102, which establishes the commission's authority
necessary to carry out its jurisdiction; TWC, §5.103 and §5.105,
which authorize the commission to adopt rules and policies necessary to carry
out its responsibilities and duties under TWC, §5.013; and TWC, §7.002,
which authorizes the commission to enforce provisions of the TWC and the THSC.
The proposed amendment implements TWC, §37.002, which requires the
commission to adopt rules to establish registration requirements for maintenance
providers that will service and maintain on-site sewage disposal systems using
aerobic treatment under THSC, §366.0515, and to impose administrative
and criminal penalties under TWC, §§7.173 - 7.175.
§285.90.Figures.
The following figures are necessary for the proper location, planning,
construction, and installation of an
on-site sewage facility (OSSF)
[
(1)
(No change.)
(2)
Figure 2. Model Deed and Affidavit Language.
(3) Figure 3. Sample Testing and Reporting Record.
(4) Figure 4. Typical Drainfields - Sectional View.
(5) - (9) (No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on February 10, 2006.
TRD-200600688
Stephanie Bergeron Perdue
Acting Deputy, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 239-0177
Subchapter B. CONCENTRATED ANIMAL FEEDING OPERATIONS
shall
] have the following
meanings.
(OSSF)
] resulting in:
OSSF
] showing the date the permission was granted. The authorization
to construct is the first part of the permit.
OSSF
].
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.
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.
OSSF
] program
under this chapter.
OSSFs
].
OSSF
].
zone
]--That
area where the stratigraphic units constituting the Edwards Aquifer crop out,
including the outcrops of other geologic formations in proximity to the Edwards
Aquifer, where caves, sinkholes, faults, fractures, or other permeable features
would create a potential for recharge of surface waters into the Edwards 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 [
and groundwater conservation district
], or as
amended by Chapter 213 of this title
(relating to Edwards Aquifer)
.
OSSF
] resulting in an increase in capacity, lengthening, or expansion
of the existing treatment or disposal system.
OSSF
].
OSSF
].
OSSF
], including replacement of pumps, filters, aerator
lines, valves, or electrical components. Maintenance does not include alterations.
OSSFs
].
For the purposes
of this chapter, the definition of a maintenance company includes all maintenance
providers, as defined in §30.7 of this title (relating to Definitions).
OSSF
].
OSSF
] that is causing a nuisance or is not operating in compliance with
this chapter.
OSSF
].
The notice of approval is the final part of the permit.
OSSF
]; or
OSSF
].
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.
OSSF
].
The permit consists of the authorization to construct (including the approved
planning materials) and the notice of approval.
OSSF
] treatment or disposal system that is produced or marketed under
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.
recharge zone
] where:
OSSF
] to the subsurface may occur.
OSSF
] in situations not included under emergency
repairs according to §285.35 of this title (relating to Emergency Repairs),
excluding maintenance. The replacement of tanks or drainfields is considered
a repair and requires a permit for the entire OSSF system.
OSSF
]. A professional engineer may perform site evaluations without obtaining
a site evaluator license.
property
]
regardless of whether it is made by
using a metes and bounds description 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
[
divided into two or more parts either
by platting or field notes with metes and bounds, and transferred by deed
or contract for deed
].
OSSFs
] are identified
in §285.91(12) of this title (relating to Tables).
(2)
] The maintenance company and
the individual certified by the manufacturer will be responsible for fulfilling
the requirements of the maintenance contract.
On-going
] maintenance contract.
After the expiration of the two-year initial maintenance contract, the owner
shall have
ongoing
[
on-going
] maintenance performed
by either the original maintenance company or another maintenance company
qualified under subsection (b)(1) of this section, unless the exceptions in
paragraph (4) of this subsection apply.
Subchapter D. PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS
General
] Criteria for Treatment and Disposal Systems).
(2(L+W), in feet)
] multiplied
by one foot.
.
]
three or four inch
] diameter PVC pipe with an SDR of 35 or stronger;
four inch
] diameter corrugated
polyethylene, ASTM F405 in rigid ten foot joints;
three or four inch
] diameter polyethylene smoothwall, ASTM F810;
three or four inch
] diameter PVC ASTM D2729 pipe;
three or four inch
] diameter polyethylene ASTM F892 corrugated pipe with a smoothwall
interior and fittings; or
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 media and
the drainline perforations shall be below the horizontal center line of the
pipe. For typical drainfield configurations, see §285.90(5) of this title
[
(relating to Figures)
]. 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.
cm/sec
] or less, as tested by a certified soil laboratory.
3
] feet deep.
There shall be a minimum vertical separation distance of one foot from the
bottom of the excavation to a restrictive horizon, and a minimum vertical
separation of two feet from the bottom of the excavation to groundwater.
6
]
inches of media (pea gravel or media up to two inches measured along its greatest
dimension).
10-inch
] gravel-less pipe.
(i) - (ii)
] of this paragraph for excavations wider than
the chambers, the chambers shall be placed edge to edge.
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 100 microns and that meets the
manufacturer's requirements.
,
] however, overlapping areas shall
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.
:
]
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 furnishing construction drawings
for the system.
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.
Subchapter F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, AND MAINTENANCE COMPANIES
OSSF
];
his
] license
number on all bids, proposals, contracts, invoices, proposed construction
drawings, or other correspondence with owners, the executive director, or
authorized agents;
he
] plans to begin the construction of an
OSSF, unless a permit is not required;
Subchapter F. LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, AND SITE EVALUATORS
Subchapter G. OSSF ENFORCEMENT
OSSF
] is malfunctioning, as defined in §285.2 of this title (relating
to Definitions), the owner shall bring the OSSF into compliance by repairing
the malfunction. The owner shall initiate repair of a malfunctioning OSSF
no later than:
Subchapter I. APPENDICES
OSSF
].
Chapter 321.
CONTROL OF CERTAIN ACTIVITIES BY RULE