| (38) Maintenance technician--An individual who holds
a valid registration issued by the executive director to maintain
on-site sewage facilities and works under a maintenance provider.
(39) Malfunctioning OSSF--An on-site sewage facility
that is causing a nuisance or is not operating in compliance with
this chapter.
(40) Manufactured housing community--Any area developed
or used for lease or rental of space for two or more manufactured
homes.
(41) Multi-unit residential development--Any area developed
or used for a structure or combination of structures designed to lease
or rent space to house two or more families.
(42) Notice of approval--Written permission from the
permitting authority to operate an on-site sewage facility. The notice
of approval is the final part of the permit.
(43) Nuisance--
(A) sewage, human excreta, or other organic waste discharged
or exposed in a manner that makes it a potential instrument or medium
in the transmission of disease to or between persons;
(B) an overflow from a septic tank or similar device,
including surface discharge from or groundwater contamination by a
component of an on-site sewage facility; or
(C) a blatant discharge from an OSSF.
(44) On-site sewage disposal system--One or more systems
that:
(A) do not treat or dispose of more than 5,000 gallons
of sewage each day; and
(B) are used only for disposal of sewage produced on
a site where any part of the system is located.
(45) On-site sewage facility (OSSF)--An on-site sewage
disposal system.
(46) On-site waste disposal order--An order, ordinance,
or resolution adopted by a local governmental entity and approved
by the executive director.
(47) Operate--To use an on-site sewage facility.
(48) Owner--A person who owns property served by an
on-site sewage facility (OSSF), or a person who owns an OSSF. This
includes any person who holds legal possession or ownership of a total
or partial interest in the structure or property served by an OSSF.
(49) Owner's agent--An installer, professional sanitarian,
or professional engineer who is authorized to submit the permit application
and the planning materials to the permitting authority on behalf of
the owner.
(50) Permit--An authorization, issued by the permitting
authority, to construct or operate an on-site sewage facility. The
permit consists of the authorization to construct (including the approved
planning materials) and the notice of approval.
(51) Permitting authority--The executive director or
an authorized agent.
(52) Planning material--Plans, applications, site evaluations,
and other supporting materials submitted to the permitting authority
for the purpose of obtaining a permit.
(53) Platted--The subdivision of property which has
been recorded with a county or municipality in an official plat record.
(54) Pretreatment tank--A tank placed ahead of a treatment
unit that functions as an interceptor for materials such as plastics,
clothing, hair, and grease that are potentially harmful to treatment
unit components.
(55) Professional engineer--An individual licensed
by the Texas Board of Professional Engineers to engage in the practice
of engineering in the State of Texas.
(56) Professional sanitarian--An individual registered
by the Texas Department of State Health Services to carry out educational
and inspection duties in the field of sanitation in the State of Texas.
(57) Proprietary system--An on-site sewage facility
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.
(58) Recharge feature--Permeable geologic or manmade
feature located on the Edwards Aquifer Recharge Zone where:
(A) a potential for hydraulic interconnectedness between
the surface and the aquifer exists; and
(B) rapid infiltration from the on-site sewage facility
to the subsurface may occur.
(59) Recreational vehicle park--A single tract of land
that has rental spaces for two or more vehicles that are intended
for recreational use only and has a combined wastewater flow of less
than 5,000 gallons per day.
(60) Regional office--A regional office of the agency.
(61) Repair--To replace any components of an on-site
sewage facility (OSSF) in situations not included under emergency
repairs according to §285.35 of this title (relating to Emergency
Repairs), excluding maintenance. The replacement of tanks or drainfields
is considered a repair and requires a permit for the entire OSSF system.
(62) Scum--A mass of organic or inorganic matter which
floats on the surface of sewage.
(63) Secondary treatment--The process of reducing pollutants
to the levels specified in Chapter 309 of this title (relating to
Domestic Wastewater Effluent Limitation and Plant Siting).
(64) Seepage pit--An unlined covered excavation in
the ground which operates in essentially the same manner as a cesspool.
(65) Septic tank--A watertight covered receptacle constructed
to receive, store, and treat sewage by: separating solids from the
liquid; digesting organic matter under anaerobic conditions; storing
the digested solids through a period of detention; and allowing the
clarified liquid to be disposed of by a method approved under this
chapter.
(66) Sewage--Waste that:
(A) is primarily organic and biodegradable or decomposable;
and
(B) originates as human, animal, or plant waste from
certain activities, including the use of toilet facilities, washing,
bathing, and preparing food.
(67) Single family dwelling--A structure that is either
built on or brought to a site, for use as a residence for one family.
A single family dwelling includes all detached buildings located on
the residential property and routinely used only by members of the
household of the single family dwelling.
(68) 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. A professional engineer may perform site evaluations without
obtaining a site evaluator license.
(69) Sludge--A semi-liquid mass of partially decomposed
organic and inorganic matter which settles at or near the bottom of
a receptacle containing sewage.
(70) Soil--The upper layer of the surface of the earth
that serves as a natural medium for the growth of plants.
(71) Soil absorption system--A subsurface method for
the treatment and disposal of sewage which relies on the soil's ability
to treat and absorb moisture and allow its dispersal by lateral and
vertical movement through and between individual soil particles.
(72) Subdivision--A division of a tract of land, 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.
(73) Testing and reporting--Routine inspection, sampling
and performance checks performed by the maintenance provider or maintenance
technician and the submittal of findings to the OSSF owner and the
permitting authority. Testing and reporting does not include repair
or replacement of parts.
(74) 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).
|
| Source Note: The provisions of this §285.2 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective January 8, 1999, 24 TexReg 139; amended to be effective June 13, 2001, 26 TexReg 4115; amended to be effective December 17, 2001, 26 TexReg 10363; amended to be effective August 3, 2006, 31 TexReg 6013; amended to be effective September 11, 2008, 33 TexReg 7536; amended to be effective July 6, 2023, 48 TexReg 3508 |
