| (a) Maintenance contract requirements. Maintenance
contract requirements for all on-site sewage facilities (OSSFs) are
identified in §285.91(12) of this title (relating to Tables).
The permit holder shall ensure that the OSSF is properly operated
and maintained in accordance with this chapter. Homeowners who maintain
their own systems are exempt from contract requirements, as provided
in subsection (d)(4) of this section.
(b) Maintenance provider.
(1) Effective September 1, 2009, in order to perform
maintenance on an OSSF, an individual must either be licensed by the
TCEQ as a maintenance provider or registered by the TCEQ as a maintenance
technician and employed by a licensed maintenance provider. Prior
to September 1, 2009, in order to perform maintenance on an OSSF,
an individual must be registered by the TCEQ as a maintenance provider.
(2) Effective September 1, 2009, the maintenance provider
will be responsible for fulfilling the requirements of the maintenance
contract. The maintenance provider will be responsible for the work
performed by registered maintenance technicians under their direct
supervision. Prior to September 1, 2009, the maintenance company will
be responsible for fulfilling the requirements of the maintenance
contract.
(3) Effective September 1, 2009, the maintenance provider
must sign all maintenance reports.
(c) Initial Two-Year Service Policy. The initial two-year
service policy shall be effective for two years from the date the
OSSF is first used. For a new single family dwelling, this date is
the date of sale by the builder. For an existing single family dwelling
this date is the date the notice of approval is issued by the permitting
authority. The owner, or owner's agent shall provide the permitting
authority with a copy of the signed initial two-year service policy
before the system is approved for use. The initial service policy
shall meet the minimum guidelines for maintenance contracts, as described
in subsection (d)(1)(A) - (F) of this section and the individual fulfilling
the service policy shall be a maintenance provider or a maintenance
technician working under the supervision of a maintenance provider.
(d) Maintenance contracts. OSSFs required to have maintenance
contracts are identified in §285.91(12) of this title.
(1) Contract provisions. The OSSF maintenance contract
shall, at a minimum:
(A) list items that are covered by the contract;
(B) specify a time frame in which the maintenance provider
or maintenance technician will visit the property in response to a
complaint by the property owner regarding the operation of the system;
(C) specify the name of the maintenance provider who
is responsible for fulfilling the terms of the maintenance contract;
(D) identify the frequency of routine maintenance and
the frequency of the required testing and reporting;
(E) identify who is responsible for maintaining the
disinfection unit; and
(F) indicate the business physical address and telephone
number for the maintenance provider.
(2) Contract submittals. Unless the owner maintains
the system, as excepted by paragraph (4) of this subsection, a copy
of the signed maintenance contract shall be provided by the owner
to the permitting authority 30 days before the expiration of the initial
two-year service policy. For the time period after the initial two-year
service policy, the owner is required to have a new maintenance contract
signed and submitted to the permitting authority at least 30 days
before the contract expires unless the owner maintains the system,
as excepted by paragraph (4) of this subsection.
(3) Amendments or terminations.
(A) Effective September 1, 2009, if the maintenance
provider discontinues the maintenance contract, the maintenance provider
shall notify, in writing, the permitting authority, the manufacturer,
and the owner at least 30 days before the date service will cease.
Prior to September 1, 2009, if the maintenance company discontinues
the maintenance contract, the maintenance company shall notify, in
writing, the permitting authority, the manufacturer, and the owner
at least 30 days before the date service will cease.
(B) Effective September 1, 2009, if the owner discontinues
the maintenance contract, the maintenance provider shall notify, in
writing, the permitting authority and the manufacturer at least 30
days before the date service will cease. Prior to September 1, 2009,
if the owner discontinues the maintenance contract, the maintenance
company shall notify, in writing, the permitting authority and the
manufacturer at least 30 days before the date service will cease.
(C) Effective September 1, 2009, if a maintenance contract
is discontinued or terminated, the owner shall contract with another
maintenance provider 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. Prior to September 1, 2009, 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 service policy, the owner of an OSSF for a
single family residence shall either maintain the system personally
or obtain a new maintenance contract.
(A) If the residence is sold before the end of the
initial two-year service policy period, the terms of the initial service
policy will apply to the new owner.
(B) An owner may not maintain an OSSF under the provisions
of this section for commercial, speculative residential, or multifamily
property.
(e) Testing and reporting. OSSFs that must be tested
are identified in §285.91(12) of this title.
(1) Effective September 1, 2009, the maintenance provider
shall test and report for each system as required in §285.91(12)
of this title. Prior to September 1, 2009, the maintenance company
shall test and report for each system as required in §285.91(12)
of this title. The report must:
(A) include any responses to owner complaints; the
results of the maintenance provider's findings as described in §285.90(3)
of this title (relating to Figures) and the test results as required
in §285.91(4) of this title, including procedures for the maintenance
of the unit approved by the executive director; and
(B) be submitted to the permitting authority and the
owner within 14 days after the date the test is performed.
(2) To provide the owner with a record of the maintenance
check, the maintenance provider shall install a weather resistant
tag, or some other form of weather resistant identification, on the
system at the beginning of each maintenance contract. The weather
resistant tag or other form of weather resistant identification must
be located on the outside of the motor cover, control panel, or breaker
box. This identification shall:
(A) identify the maintenance provider;
(B) list the telephone number of the maintenance provider;
(C) specify the start date of the contract; and
(D) be either punched or indelibly marked with the
date the system was checked at the time of each maintenance check,
including any maintenance check in response to owner complaints.
(3) The number of required tests may be reduced to
two per year for all systems having electronic monitoring and automatic
telephone or radio access that will notify the maintenance provider
of system or components failure and will monitor the amount of disinfection
in the system. The maintenance provider shall be responsible for ensuring
that the electronic monitoring and automatic telephone or radio access
systems are working properly.
(4) The owner of an OSSF for a single family residence
who elects to maintain their unit through the exemption described
in subsection (d)(4) of this section is not subject to testing and
reporting requirements.
(f) Replacement parts. 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 (d)(4) of this
section. The manufacturer shall also make replacement parts available
to installers and maintenance providers. Failure to do so may result
in removal of the manufacturer's product(s) from the list of approved
systems.
(g) Inspections by authorized agents or commission.
An authorized agent or the commission may inspect an on-site sewage
system using aerobic treatment at any time.
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