| (a) Submittal of planning material. Planning materials
required under this chapter shall be submitted by the owner, or owner's
agent, to the permitting authority for review and approval according
to this section. All planning materials shall comply with this chapter
and shall be submitted according to §285.91(9) of this title
(relating to Tables). A legal description of the property where an
on-site sewage facility (OSSF) is to be installed must be included
with the permit application. Additionally, a scale drawing of the
OSSF, all structures served by the OSSF, and all items specified in §285.30(b)
of this title (relating to Site Evaluation) and §285.91(10) of
this title must be included with the permit application.
(1) Planning materials prepared by an owner or installer.
Either the owner or installer may prepare the planning materials for
any proposed OSSF not requiring the preparation of plans according
to paragraphs (2) or (3) of this subsection.
(2) Planning materials prepared by a professional engineer
or professional sanitarian. OSSF planning materials shall be prepared
by a professional engineer or professional sanitarian (with appropriate
seal, date, and signature) as follows, unless otherwise specified
in this chapter:
(A) any proposals for treatment or disposal that are
not standard as described in Subchapter D of this chapter (relating
to Planning, Construction, and Installation Standards for OSSFs) unless
otherwise specified under §285.91(9) of this title;
(B) any proposal for an OSSF to serve manufactured
housing communities, recreational vehicle parks, or multi-unit residential
developments where spaces are rented or leased;
(C) all subdivision and development plans as required
in §285.4(c) of this title (relating to Facility Planning);
(D) a proposal for multiple treatment and disposal
systems on large tracts of land; or
(E) all applications for new OSSF construction within
the Edwards Aquifer Recharge Zone.
(3) Planning materials prepared by a professional engineer.
OSSF planning materials shall be prepared by a professional engineer
(with appropriate seal, date, and signature) as follows, unless otherwise
specified in this chapter:
(A) all proposals for non-standard treatment systems
that require secondary treatment as detailed in Subchapter D of this
chapter; or
(B) verifications that precast concrete septic tanks
conform to the requirements of §285.32(b)(1)(E)(i) of this title
(relating to Criteria for Sewage Treatment Systems); or
(C) designs demonstrating that the requirements of §285.31(c)(2)
of this title (relating to Selection Criteria for Treatment and Disposal
Systems) related to the regulated floodway have been met.
(b) Review of planning materials.
(1) Standard planning materials. All planning materials
for standard treatment or disposal systems shall be reviewed by the
permitting authority.
(2) Non-standard planning materials. The executive
director shall review and respond to initial plans for all non-standard
planning material for any system described in §285.32(d) of this
title and §285.33(d)(6) of this title (relating to Criteria for
Effluent Disposal Systems) within ten calendar days of receipt of
the planning materials. After favorable review by the executive director,
the same non-standard system planning materials may be reviewed and
approved by the authorized agent for different locations, provided
the same site conditions exist for which the planning materials were
developed.
(3) Proprietary planning materials. Planning materials
for proprietary treatment or disposal systems, as described in §285.32(c)
or §285.33(c) of this title, shall be submitted to the executive
director for review. The systems and the testing protocol shall be
approved by the executive director before the systems can be installed
in the state.
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| Source Note: The provisions of this §285.5 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective June 13, 2001, 26 TexReg 4115; amended to be effective July 31, 2002, 27 TexReg 6714; amended to be effective September 11, 2008, 33 TexReg 7536; amended to be effective December 27, 2012, 37 TexReg 9947 |
