subsection. In addition, all proprietary
treatment systems undergoing testing under this paragraph on the effective
date of these rules shall be considered for inclusion on the list
of approved systems.
(A) Treatment systems that have been tested by and
are currently listed by National Sanitation Foundation (NSF) International
as Class I systems under NSF Standard 40 (2005), or have been tested
and certified as Class I systems according to NSF Standard 40 (2005),
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 executive 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 (2005), and Certification Policies for Wastewater Treatment Devices
(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 of NSF
Standard 40 (2005), and Certification Policies for Wastewater Treatment
Devices (1997) or under any standards approved by the executive director.
(i) Proprietary units under this section have been
approved to treat flows equal to or less than their rated capacity
and with an influent wastewater strength ranging from a 30-day average
Carbonaceous Biochemical Oxygen Demand (CBOD) concentration between
100 milligrams per liter (mg/l) and 300 mg/l and a 30-day average
TSS concentration between 100 mg/l and 350 mg/l.
(ii) Proprietary units may be used as components in
an overall treatment system treating influent stronger than the ranges
listed in this section. However, the overall treatment system will
be considered a non-standard treatment system and shall meet the requirements
set forth in subsection (d) of this section.
(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.
(i) The proprietary systems shall be tested by an independent
third party for two years and all the supporting data from the test
shall be submitted to the executive director for review and approval,
or denial before the system is marketed 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
authorization 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 shall 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. Approval 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 provide, in
writing, the reasons for denying the use of the system. 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.
(v) Upon successful completion of the monitoring period,
the monitoring requirements may be lifted by the executive director,
the notice of approval may be made permanent for the test systems
and the systems will be deemed suitable for use in conditions similar
to areas in which the systems were tested and monitored.
(6) System reviews. The manufacturers of systems that
are approved for listing under this section shall ensure that their
systems are reviewed 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 of these rules to complete a review.
(A) The review shall be performed by either an ANSI
accredited institution according to the reevaluation requirements
in NSF Standard 40 (2005), 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.
(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 systems.
(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 sanitarian in accordance with §285.91(9)
of this title, 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 authorization to construct
will be issued by the permitting authority.
(1) Non-standard treatment systems include all forms
of the activated sludge process, rotating biological contactors, recirculating
sand filters, trickling type filters, submerged rock biological filters,
and sand filters not described in subsection (b)(2) of this section.
(2) The planning materials for non-standard treatment
systems submitted for review will be evaluated using the criteria
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 materials.
Approval is on a case-by-case basis only.
Cont'd... |