ORDER N0.28390
APPROVED PROPOSED OSSF RULES AND REGULATIONS
On this the 3rd day of November 2003 upon motion made by Commissioner Nicholson,
Seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-1 to
approve the proposed OSSF rules and regulations and authorize Judge Tinley to sign
same.
ORDER N0. 28390
ORDER ADOPTING RULES OF KERR COUNTY, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
PREAMBLE
WHEREAS, the Texas Commission on Environmental Quality has established Rules for
on-site sewage facilities to provide the citizens of this State with adequate
public health protection and a minimum of environmental pollution; and
WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety
Code, Chapter 366, which authorizes a local government to regulate the
use of on-site sewage facilities in its jurisdiction in order to abate or
prevent pollution or injury to public health arising out of the use of on-site
sewage facilities; and
WHEREAS, due notice was given of a public meeting to determine whether the
Commissioners Court of Kerr County, Texas should enact an order
controlling or prohibiting the installation or use of on-site sewage facilities
in the county of Kerr, Texas; and
WHEREAS, the Commissioners Court of Kerr County, Texas finds that the use of on-
site sewage facilities in Kerr County, Texas is causing or may cause
pollution, and is injuring or may injure the public health; and
WHEREAS, the Commissioners Court of Kerr County, Texas has considered the matter
and deems it appropriate to enact an Order adopting Rules regulating on-
site sewage facilities to abate or prevent pollution, or injury to public health
in Kerr County, Texas.
NOW, THEREFORE BE IT ORDERED BY THE COMMISSIONERS COURT OF
KERR COUNTY TEXAS:
SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby
found and determined to be true and correct;
SECTION 2. THAT the use of on-site sewage facilities in Kerr County, Texas is causing
or may cause pollution or in injuring or may injure the public health;
SECThpN 3. THAT an Order for Kerr County, Texas be adopted entitled "On-Site
Sewage Facilities", which shall read as follows:
AN ORDER ENTITLED ON-SITE SEWAGE FACILITIES
SECTION 4. CONFLICTS
This Order repeals and replaces any other On-Site Sewage Facility order
for Kerr County.
SECTION. 5 CHAPTER 366
The County of Kerr, Texas understands that there are technical criteria,
legal requirements, and administrative procedures and duties associated
with regulating on-site sewage facilities, and will fully enforce Chapter 366
of the Texas Health and Safety Code (H&SC) and Chapters 7 and 37 of the
Texas Water Code (TWC), and associated rules referenced in Section 8 of
this Order.
SECTION 6. AREA OF JURISDICTION
(A) The Rules shall apply to all area lying in Kerr County, Texas,
except for the area regulated under an existing Rule and the areas within
incorporated cities.
(B) (OPTIONAL) These Rules shall apply to those incorporated cities
or towns that have executed Intergovernmental contracts with Ken
County, Texas.
SECTION 7. ON-SITE SEWAGE FACII.,ITY RULES
Any permit issued for an on-site sewage facility within the jurisdictional
area of Kerr County, Texas must comply with the Rules adopted in Section
8 of this Order.
SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED
The Rules, Title 30 Texas Administrative Code (TAC) Chapter 285 and
Chapter 30, attached hereto, promulgated by the Texas Commission on
Environmental Quality for on-site sewage facilities are hereby adopted, and
all officials and employees of Kerr County, Texas having duties under said
Rules are authorized to perform such duties as are required of them under
said Rules.
SECTION 9. INCORPORATION BY REFERENCE
The Rules, 30 TAC Chapters 30 and 285 and all future amendments and
revisions thereto are incorporated by reference and are thus made a part of
these Rules. A copy of the current Rules are attached to these Rules as
Appendix 1.
SECTION 10. DUTIES AND POWERS
The OSSF Inspector of Kerr County, Texas, must be certified by the Texas
Commission on Environmental Quality before assuming the duties and
responsibilities.
SECTION 11. COLLECTION OF FEES
All fees collected for permits and/or inspections shall be made payable to
Kerr County, Texas.
SECTION 12. APPEALS
Persons aggrieved by an action or decision of the designated representative
may appeal such action or decision to the Commissioners Court of Ken
County, Texas.
SECTION 13. PENALTIES
This Order adopts and incorporates all applicable penalty provisions related
to on-site sewage facilities, which includes, but is not limited to, those
found in Chapter 341 and 366 of the Texas Health and Safety Code,
Chapters 7, 26, and 37 of the Texas Water Code and 30 TAC Chapters 30
and 285.
SECTION 14. SEVERABILITY
It is hereby declared to be the intention of the Commissioners Court of
Kerr County, Texas, that the phrases, clauses, sentences, paragraphs, and
sections of this Order should be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this Order, since the same would have
been enacted by the Commissioners Court without incorporation in this
Order of such unconstitutional phrases, clause, sentence, paragraph, or
section.
SECTION 15. EFFECTIVE DATE
This Order shall be in full force and effect from and after its date of
approval as required by law and upon the approval of the Texas
Commission on Environmental Quality.
AND IT IS SO ORDERED:
PASSED AND APPROVED THIS DATE OF VvQ-w/ 2003.
APPROVED:
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
TITLE 30
TEXAS ADMINISTRATIVE CODE
CHAPTER 285
ON-SITE SEWAGE FACILITIES
and
CHAPTER 30
SUBCHAPTER "A" AND "G"
LICENSES A~TD RESPONSIBILITIES
Printed Augvs129. 2002
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TABLE OF CONTENTS
CHAPTER 285
ON-SITE SEWAGE FACILITIES
SUBCHAPTER A: GENERAL PROVISIONS
§285.1.	Purpose and Applicability.	Page 1
§285.2.	Definitions.	Page 1
§285.3.	General Requirements.	Page 7
§285.4.	Facility Planning.	Page 10
§285.5.	Submittal Requirements for Planning Materials.	Page 12
§285.6.	Cluster Systems.	Page 13
§285.7.	Maintenance Requirements.	Page 13
§285.8.	Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land.	Page 16
SUBCHAPTER B: LOCAL ADMINISTRATION OF THE OSSF PROGRAM
l
§285.10. Delegation to Authorized Agents. Page 18
§285.11. General Requirements. Page 21
§285.12. Review of Locally Administered Programs. Page 21
§285.13. Revocation of Authorized Agent Delegation. Page 22
§285.14. Charge-back Fee. Page 24
SUBCHAPTER C: COMMISSION ADMINISTRATION OF THE OSSF PROGRAM
IN AREAS WHERE NO AUTHORIZED AGENT EXISTS
§285.20. General Requirements. Page 25
§285.21. Fees. Page 25
SUBCHAPTER D: PLANNING, CONSTRUCTION, AND INSTALLATION
STANDARDS FOR OSSFS
§285.30.	Site Evaluation.	Page 26
§285.31.	Selection Criteria for Treatment and Disposal Systems.	Page 27
§285.32.	Criteria for Sewage Treatment Systems.	Page 28
§285.33.	Criteria for Effluent Iisposal Systems.	Page 35
§285.34.	Other Requirements.	Page 46
§285.35.	Emergency Repairs.	Page 48
§285.36.	Abandoned Tanks; Boreholes, Cesspools, and Seepage Pits.	Page 48
§285.39.	OSSF Maintenance and Management Practices.	Page 48
SUBCHAPTER E: SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE
EDWARDS AQUIFER RECHARGE ZONE
§285.40. OSSFs on the Recharge Zone of the Edwards Aquifer.
§285.41. Edwards Aquifer Protection Plan.
§285.42. Other Requirements.
SUBCHAPTER F: LICENSING AND REGISTRATION REQUIREMENTS FOR
INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, AND
SITE EVALUATORS
§285.50. General Requirements.
§285.60. Duties and Responsibilities of Site Evaluators.
§285.61. Duties and Responsibilities of Installers.
§285.62. Duties and Responsibilities of Designated Representatives.
§285.63. Duties and Responsibilities of Registered Apprentices.
§285.64. Suspension or Revocation of License or Registration.
SUBCHAPTER G: DUTIES OF OWNERS AND AUTHORIZED AGENTS
§285.70. Duties of Owners With Malfunctioning OSSFs.
§285.71. Authorized Agent Enforcement of OSSFs.
SUBCHAPTER H :TREATMENT AND DISPOSAL OF GREYWATER
§285.80. Treatment and Disposal of Greywater.
§285.81. Criteria for Discharge of Laundry Greywater.
SUBCHAPTER I: APPENDICES
§285.90. Figures.
§285.91. Tabies.
Page 49
Page 50
Page 50
Page 52
Page 53
Page 53
Page 54
Page 56
Page 56
Page 58
Page 58
Page 59
Page 59
Appendix A
Appendix B
2
Page 1
SUBCHAPTER A: GENERAL PROVISIONS
§§285.1- 285.8
§285.1. Purpose and Applicability.
(a) Purpose. The purpose of this chapter is to provide a comprehensive regulatory
program for the management of on-site sewage facilities (OSSFs~ as prescribed by the Texas Health and Safety
Code, Chapter 366. This chapter establishes minimum standards for planning materials, construction,
installation, alteration, repair, extension, operation, maintenance, permitting, and inspection of OSSFs. This
chapter also provides the procedures for the designation of local governmental entities as authorized agents. The
licensing of installers, designated representatives, and site evaluators and the registration of apprentices is
included in Chapter 30 of this title (relating to Occupational Licenses and Registrations). Unauthorized discharge
of effluent into or adjacent to the waters in the state is prohibited.
(b) Applicability. This chapter applies to:
(1) any person who has an ownership interest in an OSSF; ar
(2) any person who participates in any activity relating to the development of planning materials,
construction, installation, alteration, repair, extension, operation, maintenance, permitting, inspection, or
investigation of an OSSF; or
(3) any governmental entity that is, desires to be, or was, designated as an authorized agent.
Effective December 17, 2001
§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, shall have the following meanings.
of free oxygen.
(1) Aerobic disestion -The bacterial decomposition and stabilization of sewage in the presence
(2) Alter - To change an on-site sewage facility (OSSF) resulting in:
(A) an increase in the volume of permitted flow;
(B) a change in the nature of permitted influent;
(C} a change from the planning materials approved by the permitting authority;
(D) a change in construction; or
(E) an increase, lengthening, or expansion of the treatment or disposal system.
Page 2
(3) Anaerobic digestion -The bacterial decomposition and stabilization of sewage in the
absence of free oxygen.
(4} Apprentice - An individual who has been properly registered with the executive director
according to Chapter 30 of this title, and is undertaking a training program under the direct supervision of a
licensed installer.
(5) AathoriTation to construct -Written permission from the permitting authority to construct
an OSSF showing the date the permission was granted. The authorization to construct is the first part of the
permit.
(6) A~rized agent - A local governmental entity that has been delegated the authority by the
executive dn~ector to implement and enforce the rules adopted under Texas Health and Safety Code, Chapter 366.
(7) Borehole - A drilled hole four feet or greater in depth and one to three feet in diameter.
(8} Certified professional soil scientist - An individual who has met the certification
requirements of the American Society of Agronomy to engage in the practice of soil science.
(9) Cesspool - Anon-watertight, covered receptacle intended for the receipt and partial
treatment of sewage. This device is constructed such that its sidewalk and bottom are open jointed to allow the
gradual discharge of liquids while retaining the solids for anaerobic decomposition.
(10) Cla9ter system - A sewage collection, treatment, and disposal system designed to serve two
~ more sewage-generating units on separate legal tracts where the total combined flow from all units does not
exceed 5,000 gallons per day.
(11) Commercial or institutional facility -Any building that is not used as asingle-family
dwelling or duplex.
(12) Compeagation - A payment to construct, alter, repair, extend, maintain, or install an
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.
(13) Composting toilet - Aself-contained treatmern and disposal facility constructed to
decompose non-waterborne human wastes through bacterial action.
(14) Condensate drain - A pipe that is used for the disposal of water generated by air
conditioners, refrigeration equipment, or other equipment.
(15) Construct - To engage in any activity related to the installation, alteration, extension, or
repair of an OSSF, including ail 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.
(16) Delegate -The executive director's act of assigning authority to implement the OSSF
program under this chapter.
Page 3
(17) Designated representative - An individual who holds a valid license issued by the
executive director according to Chapter 30 of this title, and who is~desigaated by the authorized agent to review
permit applications, site evaluations, or planning materials, or conduct inspections on OSSFs.
(18) Direct communication -The demonstrated ability of an installer and the apprentice to
communicate immediately with each other in person, by telephone, or by radio.
(19) Direct supervision -The responsibility of an installer to oversee, direct, and approve all
actions of an apprentice relating to the construction of an OSSF.
(20) Discharge - To deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release
or dispose o~ or to allow, permit, or suffer any of these acts or omissions.
(21) Edwards Aquifer -That portion of an arcuate belt of porous, waterbearing predominantly
carbonate rocks {limestones) known as the Edwards {Balcones Fault Zone) Aquifer trending from west to east to
northeast in Kinney, Uvalde, Medina,l3exaz, Corral, Hays, Travis, and Williamson Counties; and composed of
the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person
Formation, Kaiser Formation, Edwards Group, and Georgetown Formation, or as amended under Chapter 213 of
this title (relating to Edwazds Aquifer). The permeable aquifer units generally overlie the less-permeable Glen
Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut formations north of the
Colorado River, and underlie the less-permeable Del Rio Clay regionally.
(22) Edwards Aquifer Recharge zone -That area where the stratigraphic units constituting the
Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwazds
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 appropriate regional office and groundwater conservation district, or as
amended by Chapter 213 of this title. .
(23) Eztend - To aher an OSSF resulting in an increase in capacity, lengthening, or expansion
of the existing treatment or disposal system.
(24) Floodplain (100-year) -Any azea susceptible to inundation by flood waters from any
source and subject to the statistical 100-yeaz flood (has a 1 % chance of flooding each yeaz).
(25) Floodway -The channel of a watercourse and the adjacent land areas (within a portion of
the 100.yeaz floodplain) that must be reserved in order to discharge the 100-yeaz flood without cumulatively
increasing tbe water surface elevation more than one foot above the 100-year flood elevation before encroachment
into the 100-year floodplain. ,
(26) Geotezhle filter fabric -Anon-woven fabric suitable for wastewater applications.
(27) Gravel-less drainfield pipe - An eight-inch or ten-inch diameter geotextile fabric-wrapped
piping product without gravel or media.
(28) Grease interceptor -Floatation chambers where grease floats to the water surface and is
retained while tbe clearer water underneath is discharged
Page 4
(29) Groundwater -Subsurface water occurring in soils and geologic formations that are fully
saturated either year-round or on a seasonal or intermittent basis.
(30) Holding tank - A watertight container equipped with ahigh-level alarm used to receive and
store sewage pending its delivery to an approved treatment process.
(31) Individual - A single fiving human being.
(32) Install - To put in place or construct any portion of an OSSF.
(33) Installer - An individual who is compensated by another to construct an OSSF.
(34) Local governmental entity - A municipality, county, river authority, or special district,
including groundwater conservation districts, soil and water conservation districts, and public heahh districts.
(35) Maintenance -Required or routine performance checks, examinations, upkeep, cleaning, or
mechanical adjustments to an OSSF, including replacxment of pumps, filters, aerator lines, valves, or electrical
components. Maintenance does not inchide alterations.
(36) Maintenance oompsmy - A person or business that maintains OSSFs.
(3'1) Maintenance 5ndmgs • The results of a required performance check or component
earaminatioa on a specific OSSF.
(38) Malfunctioning OSSF - An OSSF that is causing a nuisance or is not operating in
compliance with this chapter.
(39) Mannfactared housing community -Any area developed or used for lease or rental of
space for two or more manufactured homes.
(40) Multi-snit 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.
(41} Notice of approval -Written permission from the permitting authority to operate an OSSF.
The notice of approval is the final part of the permit.
(42) Nnisaace -
(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 OSSF; or
(C) a blatant discharge from an OSSF.
Page 5
(43) Oa-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 a~ part of the system
is located
(44) On-site sewage facility (OSSF) - An on-site sewage disposal system.
(45) On-site waste disposal order - An order, ordinance, or resolution adopted by a local
governmental entity and approved by the executive director.
(46) Operate - To use an OSSF.
(47) Owner - A person who owns property served by an 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.
(48} 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.
(49) Permit - An authorization, issued by the permitting authority, to construct or operate an
OSSF. The permit consists of the authorization to construct (including the approved planning materials) and the
notice of approval.
(50) Permitting authority -The executive director or an authorized agent.
(51) Planning material -Plans, applications, site evahiations, and other supporting materials
submitted to the permitting authority for the purpose of obtaining a permit.
(52) Platted -The subdivision of property which has been recorded with a county or
municipality in an official plat record.
(53) 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.
(54) Professional engineer - An individual licensed by the Texas Board of Professional
Engineers to engage in the practice of engineering in the State of Texas.
(55) Professional sanitarian - An individual registered by the Texas Department of Health to
carry out educational and inspection duties in the field of sanitation in the State of Texas.
(56) ProQrietary system - An OSSF treatment or disposal system that is produced or marketed
under exchisive legal right of the manufacturer or designer or for which a patent, trade name, trademark, or
copyright is used by a person or company.
Page 6
(57) 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 OSSF to the subsurface may occur_
(58) 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
l~ day.
(59) Regional o>5ce - A regional office of the agency,
(60) Repair - To replace any components of an OSSF in situations not included under
emergency repairs according to §285.35 of this title (relating to Emergency Repairs), excluding maurtenance. The
replacement of tanks or drainfields is considered a repair and requires a permit for the entire OSSF system.
{61) Scam -Amass of organic or inorganic matter which floats on the surface of sewage.
(62) Secondary treatment -The process of reducing polluta~s to the levels specified in Chapter
309 of this title (relating to Domestic Wastewater Efilueat Limitation and Plant Siting).
(63) Seepage pit - An unlined covered excavation in the ground which operates in essentially the
same manner as a cesspool. _ ... -: _ _ _
(64) 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.
(65) 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
(66) Single family dwelling - A structxre 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.
(67) Site evaluator - An individual who holds a valid license issued by the executive director
according to Chapter 30 of this title 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
OSSF. A professional engineer may perform site evaluations without obtaining a site evaluator license.
Page 7
(68) Sludge - Asemi-liquid mass of partially decomposed organic and inorganic matter which
settles at or near the bottom of a receptacle containing sewage.
(69) SoII -The upper layer of the surface of the earth that serves as a natural medium for the
growth of plants.
(70) 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.
{71) Subdivision - A tract of property divided into two or more parts either by platting or field
notes with metes and bounds, and transferred by deed or contract for deed
(72) WeII - A water well, injection well, dewatering well, monitoring well, piezometer well,
observation well, or recovery well as defined under Texas Water Code, Chapters 2b, 32 and 33, and 16 TAC
Chapter 76 (relating to Water Well Drillers and Water Well Pump Installers).
Effective December 17, 2001
§Z853. General Regmremeats.
(a) Permit required. A person shall hold a permit for an OSSF unless the OSSF meets one of the
exceptions in subsection {f j of this section.
(1) All aspects of the permitting, planning, construction, operation, and mainteaance of OSSFs
shall be conducted according to this chapter, or according to an order, ordinance, or resolution of an authorized
agent:- .. .
(2) The executive director is the permitting authority unless a local governmental entity has an
OSSF order, ordinance, or resolution approved by the executive director. In areas where the executive director is
the permitting authority, tbe staff from the appropriate regional o$'ice shall be responsible for the proper
implementation of this chapter.
(3) Permits shall be transferred to a new owner automatically upon sale or other legal transfer of
an OSSF.
(b) General Application Requirements.
(1 } The owner or owner's agent must obtain an authorization to construct from the permitting
authority before construction may begin on an OSSF. Before an authorization to construct can be issued, the
permitting authority shall require submittal of the following from the owner or owner's agent:
{A) an application, on the form provided by the permitting authority;
(B) all planning materials, according to §285.5 of this title (relating to Submittal
Requirements for Planning Materials);
Page 8
(C) the results of a site evaluation, conducted according to §285.30 of this title (relating
to Site Evaluation); and
(D) the appropriate fee.
(2) Variance requests shall be submitted with the application and shall be reviewed by the
permitting authority according to subsection (h) of this section.
(3) Before the permitting authority issues an authorization to construct, the owner of OSSFs
identified in §285.91(12) of this title (relating to Tables) or the owner's agent, must record in the county deed
records of the county or counties where the OSSF is located. Additionally, the owner or the owner's agent must
submit, to the permitting authority, an affidavit affirming the recording. An example of the deed language and
affidavit is in §285.90(2) of this title (relating to Figures}. The deed recordng must include:
(A) the owner's full name;
(B) the legal description of the property;
(C) that an OSSF requiring a continuous maintenance contract is located on the
ProP~Y
(D) that the permit for the OSSF must be transferred to the new owner upon transfer of
the property; - .
(E) that maintenance must be performed by an approved maintenance company; and
(F) that a signed maintenance contract must be submitted to the appropriate permitting
authority within 30 days after the property has been transfeared.
(c) Action on Applications. The permitting authority shall either approve or deny an application within
30 days of receiving an application. If the application and platming materials are approved, the Permitting
authority shall issue an authorization to construct. If the application and plaiming materials are denied, the
permitting authority shall explain the reasons for tbe denial in writing to the owner, and the owner's agent.
(d) Construction and Inspection.
(1) An authorization to construct is valid for one calendar year from the date of its issuance. If
the installer does not request a construction inspection by the permitting authority within one year of the issuance
of the authorization to construct, the authorization to construct expires, and the owner will be required to submit a
new application and application fee before an OSSF cati be installed. Anew application and application fee are
not required ffthe owner decides not to install an OSSF.
(2} The installer shall notify the permitting authority at least five working days (Monday through
Friday, excluding holidays) before the date the OSSF will be ready for inspection.
(3) The permitting authority shall conduct a construction inspection.
Page 9
(4) If the OSSF does not pass the construction inspectioq the permitting authority shall:
(A) at the close of the inspectioq advise the owner and the owner's agent, if present, of
the deficiencies identified and that the OSSF cannot be used until it passes inspection; and
(B) within seven calendar days after the inspectioq issue a letter to the owner and the
owner's agent listing the deficiencies identified and stating that the OSSF cannot be used until it passes
inspection.
(5) If a reinspection is necessary, a reinspection fee may be assessed by the permitting authority.
(6) The reinspection fee must be paid before the reinspection is conducted.
(e) Notice of Approval
(1} Within seven calendar days after the OSSF has passed the construction inspectioq the
permitting authority sha1I issue, to the owner or owner's agent, a written notice of approval for the OSSF.
(2) The notice of approval shall have a unique identification number, and shall be issued in the
name of the owner.
(f) Exceptions.
(1) An owner of an OSSF will not be required to comply with the permitting, operatioq and
installation requirements of this chapter if the OSSF is not creating a nuisance and:
(A) the OSSF was installed before September 1, 1989, provided the system has not been
altered, and is not in need of repair,
(B) the OSSF was installed before the effective date of the order, ordinance, or
resohrtion in areas where the local governmental entity had an approved order, ordinance, or resolution dated
before September 1, 1989, provided the system has not been altered and is not in need of repair, or
(C) the owner received authorization to construct from a permitting authority before the
effective date of this chapter.
(2) No planning materials, permit, or inspection are required for an OSSF for a single family
dwelling located on a tract of land that is ten acres or larger and:
(A) the OSSF is not causing a nuisance or polluting groundwater;
(B) all parts of the OSSF are at least 100 feet from the property Iine;
(C) tbe effluent is disposed of on the property; and
(D) the single family dwelling is the only dwelling located on that tract of land.
Page IO
(3) Connecting recreational vehicles or manufactured homes to rental spaces is not considered
construction if the existing OSSF system is not altered.
(g) Exclusions. The following systems aze not authorized by this subchapter and may require a permit
under Chapter 205 or Chapter 305 of this title (relating to General Permits for Waste Discharges or Consolidated
Permits, respectively) or an authorization under Chapter 331 of this title (relating to Underground Injection
Control):
(1) one or more systems that cumulatively treat and dispose of more than 5,000 gallons of
sewage per day on one piece of property;
(2) any system that accepts waste that is either municipal, agricultural, industrial, or other waste
as defined in Texas Water Code, Chapter 26;
(3) any system that will discharge i~o or adjacent to waters in the state; or
(4) any new cluster systems.
(h) Variances. Requests for variances from provisions of this chapter may be considered by the
appropriate permitting authority ~ a case-by-case basis.
(1) A variance may be granted if the owner, or a professional sanitarian or professional engineer
representing the owner, demonstrates to the satisfaction of the permitting authority that conditions are such that
equivalent or greater protection of the public health and the environment can be provided by alternate means.
Variances for separation distances shall not be granted unless the provisions of this chapter cannot be met.
(2) Any request for a variance under this subsection must~contain planning materials prepared by
either a professional sanitarian or a professional engineer {with appropriate seal, date, and signature).
(i) Unauthorized systems. Boreholes, cesspools, and seepage pits are prohibited for instal}ation or use.
Boreholes, cesspools, and seepage pits that treat or dispose of hers than 5,000 gallons of sewage per day shall be
closed according to §285.36 of this title (relating to Abandoned Tanks, Boreholes, Cesspools, and Seepage Pits).
Boreholes, cesspools, and seepage pits that exceed 5,000 gallons of sewage per day must be closed as a Class V
injection well under Chapter 331 of this title (relating to Underground Injection Control).
Effective June 13, 2001
§285.4. Facility Planning.
(a) Land planning and site evaluation. Property that will use an OSSF for sewage disposal sh~ail be
evaluated for overall site suitability. For property located on the Edwards Aquifer recharge zone, see §285.40 of
this title (relating to OSSFs on the Rechazge Zone of the Edwards Aquifer) for additional requirements. The
following requiremems apply to all sites where an OSSF may be located.
(1) Residential lot sizing.
Page 11
(A) Platted or unplatted subdivisions served by a public water supply. Subdivisions of
single family dwellings platted or created after the effective date of this section, served by a public water supply
and using individual OSSFs for sewage disposal, shall have lots of at least'h acre.
(B) Platted or unplatted subdivisions not served by a public water supply. Subdivisions
of single family dwellings platted or created after tbe effective date of this section, not served by a public water
supply and using individual OSSFs, shall have lots of at ]east one acre.
(2) Manufactured housing communities or multi-unit residential developments. The owners of
manufactured housing communities or multi-unit residential developments that are served by an OSSF and rent or
lease space shall submit a sewage disposal plan to the permitting authority for approval. The total anticipated
sewage flow for tbe individual tract of land shall not exceed 5,000 gallons per day. The plan shall be prepazed by
a professional engineer or professional sanitarian. This plan is in addition to the requirements of subsection (c) of
this section.
(b) Approval of OSSF systems on existing small lots or tracts.
(1) Existing small lots or tracts, that do not meet the minimum lot size requirements under
subsection (ax1xA) or (B) of this section and were either subdivided before January 1, 1988, or had asite-
specific sewage disposal plan approved between January 1, 1988, and the effective date of this section, maybe
approved for an OSSF provided:
(A} minimum separation distances in §285.31(d) of this title (relatting to General Criteria
for Treatment and Disposal Systems) are maintained;
(B) the site has been evaluated according to §285.30 of this title (relating to Site
Evaluation); and - ` `: `.
(C) all other requirements of this chapter regarding treatment and disposal aze met.
(2) The owner of a single family dwelling on an existing small lot or tract (property 1) may
transport the wastewater from the dwelling to an OSSF at another location (property 2) provided that:
(A) both properties (properties 1 and 2) are owned by the same person;
(B) the owner or owner's agent demonstrates that no OSSF authorized under these rules
can be installed on the property which contains the single-family dwelling (property 1);
(C) if property not owned by the owner of properties 1 and 2 must be crossed in
transporting the sewage, the application includes all right-of--ways and permanent easements needed for the
sewage conveyance lines; and
(D) the application includes an affidavit indicating that the owner or the owner's agent
recorded the information required by §285.3(b}(3) on the real property deeds of both properties (properties 1 and
2). The deed recording shall state that the properties cannot be sold separately.
(c) Review of subdivision or development plans. Before the permit process for individual OSSFs can
begin, persons proposing residential subdivisions, manufactured housing communities, multi-unit residential
Page 12
developments, business parks, or other similar uses and using OSSFs for sewage disposal shall submit planning
materials for these developments to the permitting authority. The planning materials shall be prepared by a
professional engineer or professional sanitarian and shall include an overall site plan, topographic map, 100-year
floodplain map, soil survey, location of water wells, locations of easements as identified in §285.91(IO) of this
title (relating to Tables), and a complete report detailing the types of OSSFs to be considered and their
compatibility with area-wide drainage and groundwater. A comprehensive drainage plan shall also be included in
these planning materials. The permittnag authority will either approve or deny the planning materials, in writing,
within 45 days of receipt.
Effective June 13, 2001
§2855. Submittal Requirements for Planning Materials.
(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 plaiming
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 spocified in §285.30(b) of this title (relating to Site Evaluation) and §285.91(10) of this title (relating
to Tables) 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 a~ proposed OSSF not requiring the preparation of plans according to paragraphs (2) or
(3) of this subsection. -"- -.
(2) Plaffiing materials prepared by a professional ' or professional sanitarian. OSSF planning
materials shall be prepazed by a professional engineer or professional sanitarian (with appropriate seal, date, and
signature) as follows, unless otherwise specked 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 §285.9 i (9) of this title;
(B) any proposal for an OSSF to serve manufactured housing communities, recreational
vehicle pazks, or multi-unit residential developments where spaces aze rented or leased;
(C) all subdivision and development plans as required in §285.4{c) of this title (relating to
Facility Planning); or
(D) a proposal for multiple treatment and disposal systems on large tracts of land.
(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) airy proposals for an OSSF for a structure not exempted by Texas Civil Statutes, Article
3271x, §20; or
Page 13
(B) all proposals for non-standard treatment systems that require secondary treatment as
detailed in Subchapter D of this chapter.
(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 plaas
for all non-standard planning material for any system described in §285.32(d) and §285.33(dx6) of this title (relating
to Criteria for Sewage Treatment Systems and Criteria for Effluent Disposal Systems, respectively) 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.
Effective July 31, 2002
§285.6. Cluster Systems.
(a) Cluster systems are not authorized under this chapter after the effective date of these rules. Chrster
systems may be authorized under other chapters of this title including Chapter 331 of this title (relating to
Underground Injection Control).
(b) Existing cluster systems may not be repaired, altered, or extended under this chapter and may require
authorization under other chapters of this title including Chapter 331 of this title when the system is malfunctioning
or expanded.
Effective 3une 13, 2001
§285.7. Maintenance Requirements.
(a) Maintenance requirements. Maintenance requirements for all OSSFs are identified in §285.91(12) of
this title (relating to Tables).
(h) Maintenance company.
(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.
Page 14
(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-standazd system.
(2) The maintenance company and tbe individual certified by the manufacturer will be responsible
for fulfilling the requirements of the maintenance contract.
(c) Maintenance contracts. OSSFs required to have maintenance contracts aze identified in §285.91(12) of
this title. The OSSF shall be maintained and tested by the maintenance compairy holding a maintenance contract.
(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 company will visit the property in
response to a complaint by the property owner regazding the operation of the system;
(C) specify the name of the individual employed by the maintenance company who is
certified by the manufacturer of tbe system;
(D) identify the frequency of routine maintenance and the frequency of the required testing
and reporting; and
(E) ide~ify who is responsible for maintaiaing the disinfection unit.
(2) Contract submittals. Unless excepted by paragraph (4) of this subsection, a copy of the signed
rt~aintenance 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) Initial maintenance contract. The initial written mai~enance contract shall be effective
for at least two years from the date the OS SF 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.
(B) On-going maintenance contract. After the expiration of the two-year initial maintenance
contract, the owner shall have on-going maintenance performed by either the original maintenance company ar another
maintenance company qualified under subsection (bx 1) Qf this section, unless the exceptions in pazagraph (4) of this
subsection apply.
(3} Amendments or terminations.
(A) If the maintenance company changes the individual certified by the manufacturer under
subsection (bx 1 xA) of this section, the maintenance company shall initiate an amendment of the contract_ The
contract shall be amended within 30 days after the change in personnel. The permitting authority shall be provided
with a copy of tbe amended contract within 30 days after the amended contract is signed.
Page 15
(B) 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.
(C) If the owner discontinues the maintenance contract, the owner shall notify, in writing,
the permitting authority, the manufacturer, and the maintenance company at least 30 days before the date service will
cease.
(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.
(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 mai~enance, 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 shall be tested aze identified in §285.91(12) of this title.
(1) The maintenance company or the owner, if the owner decides to maintain the OSSF personally
as allowed in subsection (cx4) 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 resuhs. The report shall 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 company shall
install a weather resistant tag, or some other form of weather resistant identification, on the system at the beginning
of each maintenance contract. This identification shall:
(A) idemify the maintenance company;
(B) list the telephone number of the maintenance comparry;
(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 complains.
(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 of system or
components failure and will monitor the amount of disinfection in the system. The maintenance company shall be
Page 16
responsible for ensuring that the electronic monitoring and automatic telephone or radio access systems are working
P~P~Iy .
Effective June 13, 2001
§285.8. Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land.
(a) The executive director may authorize the permitting authority to issue a permit for multiple treatment and
disposal systems on a tract of land as an OSSF, instead of as a municipal wastewater treatment facility, if
(1) the systems are Located on a tract of land of 100 acres or more;
(2) the systems are used:
{A) on a seasonal or intermitted basis, which means any combination of weekends (Friday
through Sunday) Plus 60 weekdays (Monday through Thursday) or less during a calendar year, and
(B) the remainder of the year by employees, vohmtary staff, or contractors performing
work related duties on the tract of land.
(3) the anticipated combined flow, calculated using either actual water use data or the data from
§285.91(3) of this title (relating to Tables), from all systems is less than 5,000 gallons per day (gpd) on as annual
average basis (the aritlunetic average of all daily flows from the preceding 12 consecutive calendar months);
(4) the peak flow, calculated using either actual water use data or the data from §285.91(3) of this
title, for each individual system is less than 5,000 gpd; and
(5) the systems are used only for disposal of sewage produced on the tract of iand where the systems
are located.
(b)' To obtain an OSSF permit for multiple treatment and disposal systems, the owner or owner's agent must
submit tbe following to the permitting authority:
(1) an application on the form provided by the permitting authority,
(2) all planning materials according to §285.5(ax2) of this title (relating to Submittal Requirements
for Planning Materials). The planning materials must include details on all existing systems, as well as any proposed
new systems;
(3) the results of a site evaluation, conducted according to §285.30 of this title (relating to Site
Evaluation);
(4) the location, types of systems, size of systems, and ifpermitted, information from the permit for
all existing systems; and
(5) the appropriate fee.
Page 17
(c) The permitting authority must submit the items listed in subsection (b) of this section to the executive
director within five working days after receipt. The executive director shall review the materials submitted and shall
determine if the systems may be permitted as an OSSF, the systems do not meet tbe requirements of this section, or
the application is incomplete. The executive director shall provide the determination in writing to the owner or the
owner's agent, and to the permitting authority, within 30 working days after receipt of the materials listed in
subsection (b) of this section from the permitting authority.
(d) Executive director determination.
(1) If the executive director determines that the systems may be permitted as an OSSF, the permitting
authority shall issue an authorization to construct for all new systems and a permit for existing systems. If the
permitting authority issues an authorization to construct, all steps in §285.3(d) and (e) of this title (relating to General
Requirements) must be followed before the system receives a notice of approval.
(2) If the executive director determines that the systems do not meet the requirements of this section,
the owner may be required to submit an application for either a permit under Chapters 205 or 305 of this title (relating
to General Permits for Waste Discharges or Consolidated Permits, respectively) and an authorization under Chapter
331 of this title (relating to Underground Injection Co~rol}.
.{e) In order to receive a notice of approval, all systems on the property, including the existing systems, must
meet the requirements of this chapter.
(f) The owner shall submit a report of the actual flow data to both the permitting authority and the executive
director once a year in the month following the amuversary month of the receipt of the notice of approval. The
reported flows shall be based on sewage flows measured by a totalizing meter installed at each individual system,
water usage for the facilities served by the individual systems, or by other means approved by the executive director.
The flows shall be recorded in a table by calendar month. The table shall give a continuous average of flows.
{g) Ii; as a resuh of the submittal of the reports required in subsection (f} of this section, the executive
director and the authorized agent determine that the systems no longer meet the requirements of this section, the owner
shall either bring the systems into compliance with this section or submit an application for a permit under Chapter
205 or Chapter 305 of this title and an authorization under Chapter 331 of this title.
Effective July 31, 2002
Page 18
SUBCHAPTER B: LOCAL ADNDNISTRATION OF THE OSSF PROGRAM
§§285.10 -285.14
§285.10. Delegation to Authorized Agents.
{a) Responsibility of the authorized agent. An authorized agent is responsible for the proper implementation
of this chapter in its area of jurisdiction.
(1) An authorized agent shall administer its on-site sewage facility (OSSF) program according to
the OSSF order, ordinance, or resolution approved by the executive director.
Chapter 366.
(2) An authorized agent shall enforce this chapter and Texas Health and Safety Code (THSC),
(b) Requirements and procedures.
(1) Upon request from a local governmental entity, the executive director shaIl forward a description
of the delegation process and provide a copy of the executive director's model order, ordinance, or resolution.
(2) If the OSSF program is delegated to a municipality, the jurisdiction of the authorized agent will
be limited to the municipality's incorporated area.
(3) To receive delegation as an authorized agent, a local governmental entity shall draft an order,
ordinance, or resohrtion that meets the requirements of this chapter and THSC, §366.032. The local governmental
entity shall use the model order, ordinance, or resolution as a guide for developing its order, ordinance, or resolution.
(4) If the local governmental entity proposes more stringent standards than those in this chapter, the
local governmental entity shall submit the proposed order, ordinance, or resolution to the executive director for review
and comment before publishing notice. .
(A) Each more stringent requirement shall be justified based on greater public health and
safety protection. The written justification shall be submitted to the executive director with the draft order, ordinance,
or resolution.
(B) The executive director shaft review the draft order, ordinance, or resolution and provide
written comments to the local governme~al entity within 30 days of receipt.
(C) If the local governmental entity's draft order, ordinance, or resolution meets the
requirements of this chapter, the executive director will notify the local governmental entity in writing to continue the
process outlined in this subsection.
(D) )f the local governmental entit}~s draft order, ordinance, or resolution does not meet the
requirements of this chapter, the executive director will not continue the review process until all requirements have
been met. The executive director will notify the local governmental entity in writing of all deficiencies.
(5) If the local governmental entity proposes using the model order, ordinance, or resolution without
more stringent standards, or if the executive director has approved the draft order, ordinance, or resolution with more
Page 19
stringent standards, the local governmental entity shall hold a public meeting to discuss the proposed order, ordinance,
or resolution.
(A) The local governmental entity shall publish notice of a public meeting that will be held
to discuss the adoption of the proposed order, ordinance, or resolution. The notice must be published in a regularly
published newspaper of general circulation in the entity's area of jurisdiction.
(13) The public notice shall include the time, date, and location of the public meeting.
(C) The public notice shall be published at least 72 hours before the public meeting, but not
more than 30 days before the meeting.
(6) The Local governmental entity shall provide the executive director with the following:
(A) a copy of the public notice as it appeared in the newspaper;
(B) a publisher's affidavit from the newspaper in which the public notice was published;
(C) a certified copy of the minutes of the meeting when the order, ordinance, or resolution
was adopted; and
(D) a certified copy of the order, ordinance, or resolution that was passed by the entity.
(7) Upon receiving the information listed in paragraph (6) of this subsection, the executive director
shall have 30 days to review the materials to ensure the local governmental entity has complied with the requirements
of this chapter and THSC, Chapter 366.
(A) After the review has been completed and all the requireme~s have been met, the
executive director shall sign the order approving delegation and notify the local governmental entity by mail.
(B) if the executive director determines during the review that the materials do not comply
with the requirements of this section, the executive director will issue a letter to the local governmental entity detailing
the deficiencies.
(8) The local governmental entity's order, ordinance, or resolution shall be effective on the date the
order approving delegation is signed by the executive director.
(9) Any appeal of the executive director's decision shall be done according to §50.39 of this title
(relating to Motion for Reconsideration).
(c) Amendments to existing orders, ordinances, or resolutions.
(1) To ensure that the authorized agent's program is consistent with current commission rules, the
executive director may require periodic amendmerns of OSSF orders, ordinances, or resolutions.
(2) An authorized agent may initiate an amendment. The authorized agert shall use the procedures
in subsection (b) of this section.
Page 20
(3) The amendment shall be effective on the date the amendment is approved by the executive
director.
(d) Relinquishment of delegated authority by authorized agent.
(1) When an authorized agent decides to relinquish authority to regulate OSSFs, the following shall
occur:
(A) the authorized ageirt shall inform the executive director by certifed mail at least 30 days
before publishing notice of intent to relinquish authority,
(B) the authorized agent shall hold a public meeting to discuss its intent to relinquish the
delegated authority;
(i) the authorized agent shall publish notice of a public meeting that will be held to
discuss its intent to relinquish the delegated authority. The notice must be published in a regularly published
newspaper of general circulation in the eatit}~'s area of jurisdiction;
(n7 the public notice shall include the time, date, and location of the public meeting;
(in7 the public notice shall be published at least 72 hours before the public meeting,
but not more than 30 days before the meeting;
.. (C) the authorized aged must, either at the meeting discussed in subparagraph (B) of this
paragraph, or at another meeting held within 30 days after the first meeting, formally decide whether to repeal the
order, ordinance, or resolution; and
_~. ~ - (D) the authorized agent shall forward to the executive director copies of the public notice,
a publisher's affidavit of public notice, and a certified copy of the minutes of the meeting in which the authorized agent
formally acted
(2) Before the executive director will process a relinquishment order, the authorized agent and the
executive director shall determine the exact date the authorized agent shall surrender its delegated authority. Until
that date, the authorized agent will retain all authority and responsibility for the delegated program
(3) The executive director shall process the request for relinquishment within 30 days of receipt of
the copies of documentation required in paragraph (1xD) of this subsection. After processing the request for
relinquishment, the executive director will issue an order and shall assume responsibility for the OSSF program.
(4) On or after the date determined by the authorized agent and the executive director, the authorized
agent shall repeal it's order, ordinance, or resolution. Within ten days after the authorized agent repeals it's order,
ordinance, or resolution, the authorized agent shall forward a certified copy of the repeal to the executive director.
(5) Authorized agents who relinquish their OSSF authority may be subject to fees according to
§285.14 of this title (relating to Charge-back Fee) after the date that delegation has been relinquished, unless the
authorized agent has relinquished its OSSF authority due to a material change in this chapter.
Effective August 29, 2002
Page 21
§285.11. General Requirements.
(a) General Administrative Requirements for Authorized Agerrts. OSSF permitting, construction, and
inspection requirements are in §285.3 of this title {relating to General Requirements).
(b) Fees. The OSSF permit and inspection fees will be set by the authorized agent. Additionally, a fee of
$10 shall be assessed for each OSSF permit for the On-Site Wastewater Treatment Research Council as required in
the Texas Health and Safety Code, Chapter 367.
(c) Complaints. The authorized agent shall investigate all complaints within 30 days after receipt. After
completing the investigation, the authorized agent shall take appropriate and timely action according to §285.71 of
this title (relating to Authorized Agent Enforcement of OSSFs)..
(d) Appeals. Appeals of an authorized agent's decision will be made through the appeal procedures stated
in the authorized agent's order, ordinance, or resolution.
(e) Authorized Agents Reporting Requirements.
(1) The authorized agent shall notify the executive director, in writing, of nay change of the
designated representative within 30 days after the date of the change,
(2) Each authorized agent shall provide to the executive director an OSSF monthly activity report
on the form provided by the executive director, within ten days after the end of the month.
Effective June I3, 2001
§285.12. Review of Locally Administered Programs,
(a) Not more than once a year, the executive director shall review an authorized agent's program for
compliance with requirements established by Texas Health and Safety Code, Chapter 366; this chapter, and the order,
ordinance, or resolution adopted by the authorized agent.
(1) During the review the executive director shall:
(A) evaluate the authorized agent's:
(i) administrative processes;
(ii} planning material review processes;
(iu) permitting processes;
(iv) inspection processes; and
(v) complaint resolution processes;
(B) conduct an interview with the authorized agent's representative, to present the results
of the executive director's review.
Page 22
(2) After tbe executive director completes the review, the executive director shall:
(A) prepare a written report of the executive director's findings; and
(B} forward a copy of the report to the authorized agent by certified mail within 60 days
after completing the review.
(b) If as a result of the executive director's review the executive director determines that the authorized
agent's program is deficient, the authorized agent must respond in writing to the executive director within 45 days
after the date of the executive director's report with a plan to address all deficiencies noted during the review. The
executive director shall offer assistance to the authorized agent including providing training to the authorized agent's
designated representative. Additionally, if the authorized agent's program is:
(1) deficient because it does not consistently provide required documentation of the permitting,
inspection, and compliance investigation processes the executive director shall review the authorized agent's response
and determine if the response is adequate. If the response is adequate, the executive director shall not take further
action. If the authorized agent's response is not adequate, or ffie authorized agent fails to respond, the executive
director shall continue to work with the authorized agent until the deficiencies are resolved by making contact with _
the authorized agerht through additional letters or by telephone;
__ . __ ,.
(2} deficient because it does not consistently enforce the permitting, Planning, construction,
operation, and maintenance of on-site sewage facility systems, the executive director shall review the authorizzed
agent's response and determine if adequate measures will be takes to correct the deficiencies. If the response is --
adequate, the executive director will schedule another review of the authorized agent's program one year after the _
first review to verify that the deficiencies have been corrected. If the authorized agent's response is not adequate, the
authorized agent fails to respond, or the executive director's next annual review determines that the authorized agent's
program has the same deficiencies as noted during the previous review, the executive director will begin the process
of revokingthe authorized agem's delegated authority under § 285.13 of this title (relating to Revocation of Authorized
Agent Delegation); or
(3) endangering human health or safety, the executive director will begin the process of revoking the
authorized agent's delegated authority under §285.13 of this title.
Effective August 29, 2002
§285.13. Revocation of Aathorized Agent Delegation
(a) An authorized agent's on-site sewage facility (OSSF) order, ordinance, or resolution may be revoked by
order of the commission, after notice and an opportunity for a hearing, for the authorized agent's failure to implement,
administer, or enforce Texas Health and Safety Code, this chapter, or its order, ordinance, or resolution.
(b) If the executive director determines that cause exists for revocation, the executive director shall:
(1) meet with the authorized agent's county judge, mayor, general manager, or chairman of the
board, or other authorized individual, to discuss the report of the executive director's findings, the authorized agent's
response to the findings, and the possible revocation;
Page 23
(2) prepare a letter documenting the meeting in paragraph (I) of this subsection and forward it to
the authorized agent within ten days after the meeting, and
(3 } provide the authorized agent 60 days after the date of the letter in paragraph {2) of this subsection
to allow other authorized agents to review the executive director's findings if requested by the authorized agent.
(c) The authorized agent shall respond to the executive director's letter in subsection (bx2) of this section
in writing within 90 days after the date of the executive director's letter.
(d) If the executive director determines from the authorized agent's response that sufficient action will be
taken to consistently enforce the OSSF program, the executive director will:
(1) respond to the authorized agent that the revocation process will be discontinued; and
(2) schedule another review ofthe authorized agent's program one year after the first reviewto verify
that the authorized agent is consistently enforcing the OSSF program.
(e) ff the executive director determines from the authorized agent's response that insufficient action will be
taken, the executive director will:
(l) file a petition with the commission according to Chapter 70 of this title (relating to Enforcement)
seeking revocation;
(2) initiate the hearing process with SOAR according to Chapter 80 of this title (relating to Corrtested
Case Hearings);
(3) publish notice of a public hearing that will be held to review the commission's possible revocation
of the delegated authority. The notice must be published in a regularly published newspaper of general circulation
in the loi;al governmental entity's area of jurisdiction and shall:
(A) include the time, date, and location of the public hearing; and
(B) be published at least 24 days before the public hearing; and
(4} hold a public hearing to review possible revocation of the delegated authority.
(f) An authorized agent may consent to the revocation of its OSSF delegation in writing before the public
hearing. If the authorized agent consents to the revocation, the commission may revoke the authorized agent's
delegated authority without a public hearing.
(g) After an opportunity for a hearing, the commission may:
(1) issue an order revoking the authorized agent's delegation, which may include acharge-back fee;
(2) issue an order requiring the authorized agent to take certain action or actions in order to retain
delegation; or
(3) take no action.
Page 24
(h) Ifthe authorized agent's delegation is revoked, the executive director shall assume responsibility for the
OSSF program in the former authorized agent's jurisdiction. The executive director shall implement the program on
the date of the revocation.
(i) An authorized agent that has had its OSSF authority revoked may be subject to charge-back fees
according to §285.14 of this title (relating to Charge-back Fee).
Effective August 29, 2002
§285.14. Charge-back Fee.
(a) Under Texas Health and Safety Code, §366.059, the commission may assess a reasonable and
appropriate charge-back fee, not to exceed $500 per permit, to local governmental entities that either have repealed
an on-site sewage facility (OSSF) order, ordinance, or resolution, or have had their delegation revoked by the
commission according to §285.13 of this title (relating to Revocation of Authorized Agent Delegation). The charge-
backfee will be assessed for each OSSF permit issued within that local governmental entity's area of jurisdiction.
The amount of the charge-back fee will be based on the executive director's actual cost of issuing an OSSF permit
in that juurisdiction. The executive director's actual cost will be based on the type and number of OSSFs typically
installed and inspected in the kxal governmental entity's jurisdiction, along with expected travel expenses for the
executive director.
(1) If a local governmental entity repeals its OSSF order, ordinance, or resolution or the commission
revokes a local governmental entity's delegation and the local governmental entity agrees to the amount of the charge-
back fee, the executive director will recommend the commission approve the charge-back fce. In order to have legal
effect as an order of the commission, the charge-back fee must be approved and ordered by the commission.' The
commission order must include:
(A) the type of OSSFs typically installed and inspected in the local governmental entity's
j~~o~
(B) the number of OSSFs installed in the local governmental entity's jurisdiction over the
Preceding five Years;
(C) the distance the county courthouse or city hall is from the nearest agency regional office;
(D) tbe current mileage rate set by the Comptroller of tbe State of Texas; and
(E) the amount of the charge-back fee.
(2) If a local governmental entity repeals its OSSF order, ordinance, or resolution or the commission
revokes a local governmernal entity's delegation and the local governmental entity does not agree to the amount of
the charge-back fee, the commission will refer the matter to SOAR for a contested case hearing to determine the
charge-back fee, according to Chapter 80 of this title (relating to Contested Case Hearings).
(b) The executive director will bill the local governmental ernities for charge-back fees no more frequently
than quarterly and no Less than annually. Payment of charge-back fees is due within 30 days from the invoice date.
Late payments are subject to penalties and interest according to Chapter 12 of this title (relating to Payment ofFees).
Effective August 29, 2002
Page 25
SUBCHAPTER C: COMbIISSION ADMINISTRATION OF THE OSSF
PROGRAM IN AREAS WHERE NO AUTHORIZED AGENT EXISTS
§285.20, §285.21
§285.20. General Requirements.
(a) General Administrative Requirements. OSSF permitting, construction, and inspection requirements are in §285.3
of this title (relating to General Requirements).
(b) Complaints. The executive director shall investigate all complaints within 30 days after receipt. After
completing the investigation, the executive director shall take appropriate and timely action according to §285.70 of
this title (relating to Duties of Owners With Malfunctioning OSSFs).
(c) Appeals. All appeals under this subchapter shall be sent in writing to the director of the appropriate
regional office.
Effective June 13, 2001
§285.21. Foes.
1 (a) The application fee for an OSSF permit is:
(1) $200 for an OSSF serving a single family dwelling; or
(2) $400 for ail other types of OSSFs.
(b) A fee of $10 shall also be collected for each OSSF permit for the On-Site Wastewater Treatment
Research Council as required by the Texas Health and Safety Code, Chapter 367.
(c) The fees are payable when the owner, or owner's agent, applies to the executive director for an OSSF
permit. The fee shall be submitted to the appropriate regional office and shall be paid by a money order or check.
Payments shall be made payable to the Texas Natural Resource Conservation Commission.
(d) The reinspection fee shall be equal to one-half of the permit fee that was in effect at the time the original
application was submitted to the regional office.
(e) Refunds of the application fee shall not be granted.
Effective June 13, 2001
Page 26
SUBCHAPTER D: PLANNING, CONSTRUCTION, AND
LNSTALLATION STANDARDS FOR OSSFS
§§28530 - 28539
§285.30. Site Evaluation.
(a} General Requirement. To document the soil and site conditions, a complete site evaluation shall
be performed by either a site evaluator or a professional engineer on every tract of land where an OSSF will be
installed. A report prepared by either the site evaluator or the professional engineer providing tbe site evaluation
criteria in subsection (b) of this section shall be submitted with the planning materials.
(b) Site evahiation criteria. All aspects of the site evaluation shall be performed by either a site evaluator
or a professional engineer according to this section. The information obtained during the sfte evaluation shall be used
to determine the type and size of the OSSF.
(1) Soil analysis. The site evaluator or the professional engineer shall either drill two soil borings
or excavate two backhce pits at opposite ends of the proposed disposal area to determine the characteristics of the
soil. In areas of high soil variability, the permitting authority may require additional borings or backhce pits. Tbe
borings or backhce pits shall either be excavated to a depth of two feet below the adopted excavation of the disposal
azea, or to a restrictive horizon, whichever is less.
(A) Soil texture analysis. A general texture analysis shall be performed to ideatify the
classification of the soil. The different soils in each class are provided in§285.91(6) of this title (relating to Tables}.
(i) Soil Class Ia. This class includes sandy textured soils that contain more than
30% gravel.
(ii) Soil Class ib. This class includes sand and loamy sand soils that contain less
than or etlua} to 30% gravel.
(iii) Soil Class II. This class includes sandy loam and loam soils.
(iv) Soil Class III. This class includes silt, silt loam, silty clay loam, clay loam,
sandy clay loam, and sandy clay sods.
(v) Soil Class IV. This class includes silty clay and clay soils.
(B) Csravel analysis. Class II or Class III soils containing gravel shall be further evaluated
by either a site evaluator or a professional engineer by using a sieve analysis to determine the percentage of gravel
by volume and the size of the gravel as indicated in §285.91(5) of this title.
(C) Restrictive horizons analysis. The soils within the borings or backhce pits shall be
analyred by either a site evaluator or a professional engineer to determine if a restrictive horizon exists. Clay subsoils,
rock, and plugged laminar soils are considered restrictive horizons. Restrictive horizons are recognized by an abrupt
change in texture from a sandy ar loamy surface horizon to:
(i) a clayey subsoil which an auger will not peneCrate; or
Page 27
(ii) rock-hke material which an auger will not penetrate.
(2) Groundwater evaluation. The soil profile shall be examined by either a site evaluator or a
professional engineer to determine if there are indications of groundwater within 24 inches of the bottom of the
excavation.
(A) If the designated representative and the site evaluator or the professional engineer
disagree on the presence of groundwater, the designated representative shall verify groundwater information using
the Natural Resources Conservation Service (NRCS) soil survey for that county, if it is available.
(B) Ifthe designated representative or the site evaluator or the professional engineer disagree
with the NRCS soil survey, or if an NRCS soil survey does not exist for that county, the owner has the option to retain
a certified professional soil scientist to evaluate. the presence of groundwater and present that information to the
designated representative for a final decision.
(3) Surface drainage analysis.
(A) Topography. The slope of each tract of land where an OSSF will be installed, areas
of poor drainage such as depressions, and areas of complex slope patterns where slopes are dissected by gullies and
ravines shall be determined.
(B) Flood hazard. The 100-yeaz floodplain for each tract of land where an OSSF will be
installed shall be determined from either Federal Emergency Management Agency (FEMA) maps or from a flood
study prepazed by a professional engineer when FEMA maps are not available.
(4) Separation requirements. All features in the area where the OSSF is to be installed that could
be contaminated by the OSSF or could prevent the proper operation of the system shat) be identifier) during the site
evaluation. The separation requirements are in §285.91(10} of this title.
Effective l3ecember 17, 2001
§Z8531. Selection Criteria for Treatment and Disposal Systems.
(a) General Requirement. The type and size of an OSSF shall be determined on the basis of the soil and site
information developed according to §285.30 of this title (relating to Site Evaluation).
(b) Suitability. A standazd subsurface absorption system may be used if all the soil and site criteria are
determined to be suitable under §285.91(5) of this title (relating to Tables). If one or more of the soil and site criteria
categories are determined to be unsuitable, a standard subsurface absorption system cannot be used except as noted
in §285.91(5) of this title. If it is determined that a standard subsurface absorption system cannot be used, either a
proprietary or anon-standard system may be used, provided all soil and site criteria for that system can be met as
required in §285.91(13} of this title.
(c) Surface drainage criteria.
(1) Topography. Uniform slopes under 30% are suitable for standard subsurface absorption
systems. If the slope is less than 2%, steps shall be taken to ensure there is adequate surface drainage over any
Page 28
subsurface disposal field. The excavation for a standard subsurface absorption system shall be parallel to the contour
of the ground.
(2) Flood hazard. Any potential OSSF site within a 100-year floodplain is subject to special
planning requiremems. The OSSF shall be located so that a flood will not damage the OSSF during a flood event,
resulting in contamination of the environment. Plaiming materials shall indicate how tank flotation is eliminated.
Additionally, if the site is within the regulated floodway, a professional engineer shall demonstrate that:
(A) the system shall not increase the height of the flood;
(B) all components, with the exception of risers, chlorinators, cleanouts, sprinklers, and
inspection ports, shall be completely buried without adding fill; and
(C) non-buried components (e.g. alarms, junction boxes, and compressors} shall be elevated
above the 100-year flood elevation.
(d) Separation requirements. OSSFs shall be separated from features, in the azea where the OSSF is to be
installed, that could be contaminated by the OS SF or could prevent the proper operation of the system. The separation
requirements are in §285.91(10) of this title.
Effective June 13, 2001
§285.32. Criteria for Sewage Treatment Systems.
(a} Pipe from building to treatment system.
(I) The pipe from the sewer stub out to the treatment system shall be constructed of cast iron, ductile
iron, polyvi~ri chloride (PVC) Schedule 40, standard dimension ratio (SDR) 26 or other material approved by the
executive director.
(2) The pipe shall be watertight.
(3) The slope of the pipe shall be no less than I/8 inch fall per foot of pipe.
(4) The sewer stub out should be as shallow as possble to facilitate gravity flow.
(5) A two-way cleanout plug must be provided between the sewer stub out and the treatment tank.
Only sanitary type fittings constructed of PVC Schedule 40 or SDR 26 shall be used oa this section of the sewer. An
additional cleanout plug shall be provided every SO feet on long runs of pipe and within five feet of 90 degree beads.
(6) Additional cleanout plugs shall be of the single sanitary type.
(~ The pipe shall have a minimum inside diameter of three inches.
(b) Standard treatment systems.
(1) Septic tanks. Aseptic tank shall meet the following requirements.
Page 29
(A) Tank volume_ The Liquid volume of a septic tank, measured from the bottom of the
outlet, shall not be less than established in §285.91(2) of this title (relating to Tables). Additionally, the liquid depth
of the tank shall not be less than 30 inches.
(B) Inlet and outlet devices. The flowline of the tank's inlet device in the first compartment
of atwo-compartment tank, or in the first tank in a series of tanks, shall be at least three inches higher than the
flowline of the outlet device. For a configuration of the tank and inlet and outlet devices, see §285.90(6) and (7) of
this title (relating to Figures). The inlet devices shall be "T" branch fittings, constructed baffles or other structures
or fittings approved by the executive director. The outlet devices shall use a 'T" unless an executive director approved
fitting is installed on the outlet. All inlet and outlet devices shall be installed water tight to the septic tank wails and
shall be a minimum of three inches in diameter.
(C) Baffles and series tanks. All septic tanks shall be divided into two or three
compartments by the use of baffles or by connecting two or more tanks in a series.
(i) Baffled tanks. In a baffled tank, the baffle shall be located so that one half to
two thirds of the total tank volume is located in the first compartment. Baffles shall be constructed the full width and
height of the tank with a gap between the top of the baffle and the tank top. The baffle shall have an opening located
below the liquid level of the lank at a depth between 25% and 50% of the liquid level. The opening may be a slot or
hole. If a "T" is fitted to the slot or hole, the inset to the fitting shall be at the depth stated in this paragraph. See
§285.90(6) of this title for details. Any metal structures, fittings, or fastenings shall be stainless steel.
(ii) Series tanks. Two or more tanks shall be arranged in a series to attain the
required liquid vohime. The fast tank in a two-tank system shall contain at least one-half the required volume. The
first tank in a three-tank system shall contain at Least one-third of the total required volume, but no less than 500
gallons. The first tank in a four or more tank system shall contain no less than 500 gallons, and the last tank in a four
or more tank system shall contain no more than one third of the total required vohune. Interconnectinginlet and outlet
devices may be installed at the same elevation for multiple tank installations.
(D) Inspection and cleanout ports. All septic tanks shall have inspection or cleanout ports
located on the tank top over the inlet and outlet devices. Each inspection or cleanout port shall be offset to allow for
pumping of the tank. The ports may be configured in any manner as long as the smallest dimension of the opening
is at least 12 inches, and is large enough to provide for maintenance and for equipment removal. Septic tanks buried
more than 12 inches below the ground surface shall have risers over the port openings. The risers shall extend from
the tank surface to no more than six inches below the ground, be sealed to the talc, and capped.
(E) Septic tank design and construction materials. The septic tank shaII be of sturdy, water-
tight construction. The tank shall be designed and constructed so that all joints, seams, component parts, and fittings
prevent groundwater from entering the tank, and prevent wastewater from exiting the tank, except through designed
inlet and outlet openings. Materials used shall besteel-reinforced poured-in-place concrete, steel-reinforced precast
concrete, fiberglass, reinforced plastic polyethylene, or other materials approved by the executive director. Metal
septic tanks aze prohibited. The septic tank shall be structurally designed to resist buckling from internal hydraulic
loading and exterior loading caused by earth fill and additional surface loads. Tanks exhibiting deflections, leaks, or
structural defects shall not be used Sweating at construction joints is acceptable on concrete tanks.
(i) Precast concrete tanks. In addition to the general requirements in subparagraph
(E) of this paragraph, precast concrete tanks shall conform to reyuiremetrts in the Materials and Manufacture Section
and the Structural Design Requirements Section ofAmerican Society for Testing and Materials (ASTM) Designation:
Page 30
C 1227, Standard Specification for Precast Concrete Septic Tanks (2000) or under any other standards approved by
the executive director.
(ii) Fiberglass and plastic polyethylene tank specifications_
(I) The tank shall be fabricated to perform its intended function when
installed The tank shall not be adversely affected by normal vibration, shock, climate conditions, nor typical
household chemicals. The tank shall be fine of rough or sharp edges that would interfere with installation or service
of the tank.
(II) Full or emptytanks shall not collapse or rupture whey subjected to earth
and hydrostatic pressures.
(iii) Poured-in-place concretetanks. Concrete tanks shall be structurally sound and
water-tight. The concrete tank shall be designed by a professional engineer.
(iv) Tank manufacturer specifications. All precast or prefabricated tanks shall be
clearly and permanently marked, tagged, or stamped with the manufacturer's name, address, and tank capacity. The
identification shall be near the level of the outlet and be clearly visble. Additionally, the direction of flow into and
out of the tank shall be indicated by arrows or other identification, and shall be clearly marked at the inlet and outlet.
(F) Installation of tanks. For gravity disposal systems, septic tanks must be installed with
at least a 12 inch drop in elevation from the bottom of the outlet pipe to the bottom of the disposal area. A minimum
of four inches of sand, sandy loam, clay loam, or pea gravel, free of rock larger than 11z inch in diameter, shall be
placed under and around all tanks, except poured-in-place concre~tee tanks. Unless otherwise approved by the
permitting authority, tank excavations shall be left open until they have been inspected by the permitting authority.
Tank excavations must be backfilled with soil or pea gravel, that is free of rock larger than %z inch in diameter. Class
N soils and gravel larger than one-half inch in diameter are not acceptable for use as backfill material. If the top of
a septic tank extends above the ground surface, soil may be mounded over the tank to maintain slope to the draiaf~eId.
(G) Pretreatment (Trash) tanks. If an aerobic treatment unit does not prevent plastic and
other non-digestible sewage from interfering with aeration lines and diffusers, the executive director may require tbe
use of a pretreatment tank All pretreatment tanks shall meet all applicable structural and fitting requi£ements of this
section.
(2) Intermittent sand filters. Atypical layout and cross-section of an intermittent sand filter is
presented in §285.90(8) of this title. Requirements for intermittent sand filters are as follows.
(A) Sand media specifications. Sand filter media must meet ASTM C-33 specifications as
outlined in §285.91(11) of this title.
(B) Loading rate. The loading rate shall not exceed 1.2 gallons per day per square foot.
(C) Surface area. The minimum surface area shall be calculated using the formula:
Q/1.2=Surface Area (Square Feet), where Q is the wastewater flow in gallons per day.
(D} Thickness of sand media. There shall be a minimum of 24 inches of sand media.
Page 31
{E) Filter bed containment. The fitter bed containment shall be an impervious Lined pit or
tank Liners shall meet tbe specifications detailed in §285.33(bx2)(A) of this title (relating to Criteria for Effluent
Disposal Systems).
(F) Underdrains. For gravity discharge of effluent to a drainfield, there shall be a three inch
Layer of pea gravel over a six inch layer of 0.75 inch gravel, that contains the underdrain collection pipe. When
pumpwells are to be used to pump the e$luent from the underdrain to the drainfield, they must be constructed of
concrete or plastic sewer pipe. The pumpwell must contain a sufficient number of holes so that effluent can flow from
the gravel void space as rapidly as the effluent is pumped out of the pumpwell to the drainfietd. Refer to §285.90(9)
of this title.
(c) Proprietary treatment systems. This subsection does not apply to proprietary septic tanks described in
subsection (bx 1) of this section.
(1) Installation. Proprietary treatment systems shall be installed according to this subchapter. If
the manufacturer has installation specifications that are more stringent than given in this subchapter, the manufacturer
shall submit these specifications to the executive director for review, If approved by the executive director, the
treatment systems may be installed according to these more stringent specifications. Any subsequent changes to these
manufacturer's installation specifications must be approved by the executive director before installation. Tank
excavations shalt be backfilled according to the backfill provisions in subsection (bx1xF) of this section.
-~ (2) System maintenance. Ongoing maintenance contracts are required far all proprietary treatment
systems. The maintenance contract shall satisfy §285.7(c) of this title (relating to Maintenance Requirements}.
(3) Electrical wiring. Electrical wiring for proprietary systems shall be according to §285.34(c) of
this~title (relating to Other Requirements).
. (4) Approval of proprietary treatment systems. Proprietary trot systems must be approved
by the executive director prior to their installation and use. Approval of proprietary treatment systems shall follow
the procedures found in this section. After the effective date of these rules, only systems tested according to
subparagraph (A) or (B) of this paragraph will be placed on the list of approved systems. The list may be obtained
from the executive director. All systems on the list of approved systems on the effective date of these rules shall
continue to be listed subject to the retesting requirements in paragraph (5) of this 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 byNSF International
as Class I systems under NSF Standard 40 (1999), or have been tested and certified as Class I systems according to
NSF Standard 40 (1999) 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 (1999) 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 ofNSF Standard 40 (1999) and Certification Policies for Wastewater Treatment Devices (1997) or under
any standards approved by the executive director.
Page 32
(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 marke#ed 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);
(iT) 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;
+.~ _ ... - {~ the equipment monitoring procedures, if applicable; and
_..~_ _ ~ (VI) Provisions for recording data and data retsntionnecessaryto evaluate
the performance as well as the effect of the proprietary system on public health; groundwater, and surface waters.
(iu~ 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 manufacturefs expense. A system installed under thissubparagraph is the
responsibility of the manufacture 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.
(1) The conditional approval will authorize installations only in areas similar
to the area in which the system was tested. '
(Il) The conditional approval shall be for a specified performance and
evaluation (monitoring) period, not to exceed an additional five years. The systan 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.
Page 33
(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.
(5) System reviews. The manufacturers of systems that are approved for listing under this section,
or included under §285.33{c) of this title (relating to Criteria for Effluent Disposal Systems), 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 {I999) 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 shaD 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} tbe 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 systeTns. Ali 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
Page 34
professional sanitarian, and the planning materials shall be submitted to the permitting authority for review according
to §285.5(bX2) 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 corrtactors,recirculating sand filters, trickling type filters, submerged rock biological filters, and sand filters
not described in subsection (bx2) 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 anon-standard treatment system is limited to the specific system described in the
Planning materials. Approval is on a case-by-case basis only.
(4) 'The need for ongoing maintenance contracts shall be determined by the permitting authority based
on the review required by §285.5(b) ofthis title. ffthe permitting authority determines that a maintenance contract
is required, tbe contract must meet the requiremeats in §285.7 of this title.
(5) Electricalwiringfornon-standardtreatmentsystemsshallbeinstalledaccordingto§28534(cx4)
of this title. .
(e) Effluent quality. The following effiuent criteria shall be met by the treatment systems for those disposal
systems listed in §285.33 of this title that require secondary treatment.
Figure: 30 TAC §285.32(e)
Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS):
30-day average ..................................... 20 mg/l
seven-day average ................................ 3 0 mg/1
Daily Maximum ................................... 45 mg/l
Single Grab .......................................... 65 mg/1
pH ................................................................... 6.0 - 9.0 standard units
Carbonaceous Biochemical Oxygen Demand (CBOD) - to be used instead of BOD for
proprietary treatment systems tested after 1996
30-day average ..................................... 15 mg/l
seven-day average ................................ 25 mg/l
Daily Maximum ................................... 40 mg/1
Single Grab ...............:.......................... 60 mg/1
'The 30-day average is the average of all 30-day averages, and seven-day average is the
average of all seven-day averages over the length of the testing period.
Effective June 13, 2001
Page 35
§28533. Criteria for EIDueat Disposal Systems.
(a) General requirements.
(1) All disposal systems in this section shall have an approved treatmern system as specified in
§285.32(b) - (d) of this title (relating to Criteria for Sewage Treatment Systems).
(2) All criteria in this section shall be met before the permitting authority issues an authorization to
construct.
(3) The pipe between all treatment tanks and the pipe from the final treatment tank to a gravity
disposal system shall be a minimum of three inches in diameter and be American Society for Testing and Materials
(ASTM) 3034, Standard dimension ratio (SDR) 35 polyvinyl chloride (PVC) pipe or a pipe with an equivalent or
stronger pipe stiffiness at a 5% deflection. The pipe must mairnain a continuous fall to tbe dispose[ system.
(4) The pipe from the final treatment tank to a gravity disposal system shall be a minimum of five
feet in length.
(b) Standard disposal systems. Acceptable standard disposal methods shalt 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 dtainfield 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 General Criteria for Treament and Disposal Systems). ~ .
{i) The excavation shall be at least 18 inches deep but shall not exceed a depth of
either three feet or six inches below the soil freeze depth, whichever is deeper. Single excavations shall not excced
150 feet.
(ii) In areas of the state where annual precipitation is less than 26 inches per year
(as identified in the Climatic Atlas of Texas, (1983) published by the Texas Department of Water Resources or other
standards approved by the executive director), and suitable soils (Class Ib, II, or III) lie below unsuitable soli caps,
the maximum permissible excavation depth shall be five feet.
(iii) Multiple excavations must be separated horizontally by at least three feet of
undisturbed soil. The sidewails and bottom of the excavation must be scarified as needed When there are muhiple
excavations, it is recommended that the ends be looped together.
(iv) The bottom of the excavation shall be not less than 18 inches in width
(v) The bottom of the excavation shall be level zo within one inch over each 25 feet
of excavation or within three inches over the entire excavation, whichever is less.
(vi) If the borings or backhce 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
Page 3b
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.
subparagraph.
eXC8vatlOn.
from flowing into the excavation.
(1) The depth of the excavation shall comply with clause (i) of this
(II) The rock horizon shall be at least six inches above the bottom of the
(III) Surface runoffshall be prevented from flowing over the disposal area.
(IV) Subsurface flow along the tap of the rock horizon shall be prevented
(~ The sidewall area will not be counted toward the requircd absorptive
(VI) The formulas in clause (vii}(I) -(III) of this subparagraph shall be
adjusted so that no credit is given for sidewall area
(VII) No single pipe drainfields on sloping ground as shown in§285.90(5)
of this title or no systems using serial loading shall be used. '
(vu') 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(bxlxAxvu~ (No change.)
A =absorptive area
Q =average daily sewage flow in gallons per day
lta =soil application rate in gallons per square foot per day
(1) The absorptive area shaIl be calculated by adding the bottom area (L
x W) of the excavation to the total absorptive area along the excavated perimeter (2(L+~, in feet) muhiplied by one
foot.
Figure: 30 TAC §285.33(bxlxAxvii'~ (No change.)
Absorptive Area = (L x W) + 2 (L,+W) x 1.0 ft
Where: L =excavation length
W =excavation width
(II) The length of the excavation may be determined as follows when the
area and width are known.
Figure: 30 TAC §285.33(bxl}(Axvn~ (No change.)
Page 37
A =absorptive area
W =excavation width
(III) For excavations three feet wide or less, use the following formula, or
§285.91(8) of this title to determine L.
Figure: 30 TAC §285.33(bxlxAxvii)(III} (No change.)
A =absorptive area
W =excavation width
(B) Media. The media shall consist of clean, washed and graded gravel, broken concrete,
rock, crushed stone, chipped tires, or similar aggregate that is generally one uniform size and approved by the
executive director. The size of the media must range from 0.75 - 2.0 inches as measured along its greatest dimension
except as noted in clause (i) of this subparagraph.
(i) If chipped tires are used:
(I) a geotextile fabric heavier than specified in subparagraph (E) of this
paragraph must be used; and
(II) the size of the chipped tires must not exceed three inches as measured
along their greatest dimension.
(ii) Soft media such as oyster shell and soft limestone shall not be used.
(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 diameter PVC pipe with an SDR of 35 or stronger;
(ii) four inch diameter corrugated polyethylene, ASTM F405 in rigid ten foot joints;
(iii) three or four inch diameter polyethylene smoothwall, ASTM F810;
(iv) three or four inch diameter PVC ASTM D2729 pipe;
(v) three or four inch diameter polyethylene ASTM F892 corrugated pipe with a
smoothwall irnerior and fittings; or
(vi) any other pipe approved by the executive director.
(D) Drainline Installation Resluireme~rts. The drainiine 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
Page 38
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 Iine, looped together using a perforated
pipe and media, or capped. .
(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(bx1xE) (No change.)
Minimum values
Weight oz/sq yd (ASTM D3776) 0.70
Grab Strength lbs (ASTM D4632) 11
Air Permeability cfrn/sq ft (ASTM D737) 500
Water Flow Rate gpm/sq ft @ 3" head (ASTM D4491) 33
Trapezoidal Tear Strength Lbs (ASTM D4533) 6
(F) BacicfiIliag. Only Class Ib, lI, or III soils as descn'bed in §285.30 of this title (relating
to Site Evaluation) shall be used for backfilL Class Ia and N soils are specifically prohibited for use as a backfiIl
material. The backfill material shall be mounded over the excavated azea so that the center of the bacldilled area
slopes down to the outer perimeter of the excavated area to allow for settling. Surface runoff impacting the disposal
area is not permitted and the diversion method shall be addressed during development of the planning materials.
_ (G) Drainfields on irregular terrain. Where the ground slope is greater than 15% but less
than 30%, a mutiple line drainfield may be constructed along descending contours as shown in §285.90(5) of this
title, An overflow line shall be provided from the upper excavations to the lower excavations. The overflow line shall
be constructed from solid pipe with an SDR of 35 or stronger, and the excavation carrying the overflow pipe shall
be backfilled with soil only.
(Ii) Draiaf~eld plans. A number of sketches, specifications, and detads for drainfield
construction are provided in §285.90(4) and (5) of this title.
(2) Evapotranspirative (ET) system. An ET system maybe used in soils which are classified as
unsuitable for standard subsurface absorption systems according to §285.3 i(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 ]:a 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 cm/sec or less, as tested by a certified so~7 laboratory.
(B) ET system sizing. The following formula shall be used to cak~ulate the top surface area
of an ET system.
Page 39
Figure: 30 TAC §285.33(b)(2)(B) (No change.)
A = 1.6 Q/Ret
Where: A =total top surface'area of the excavations.
Q =estimated daily water usage in gallonslday in §§285.91(3) of this title (relating to
Tables).
Ret =net local evaporation rate in §§285.91(7) of this title.
The owner of the ET system shall be advised by the person preparing the planning materials
of the limits placed on the system by the Q selected. If the Q is less than rewired by §285.91(3) of this title, the flow
rate shall be included as a condition to the permit, and stated in an affidavit properly filed and recorded in the deed
records of the county as specified in §285.3(bx3) of this title (relating to General Requirements).
(C) Backfill material. Backfill material shall consist of Class II soil as descnbedm §285.30
of this title. All drainlines must be surrounded by a minimum of one foot of media. Backfill shall be used to fill the
excavation between the media to allow the backfill material to contact the botxom of the excavation.
(D) Vegetative cover for transpiration. The final grade shall be covered with vegetation fully
capable of taking maximum advantage of transpiration. Evergreen bushes with shallow root systems may be planted
in the disposal area to assist in water uptake. Grasses with dormant periods shall be overseeded to provide year-round
transpiration.
(E) ET systems. ET systems shall be divided into two or more equal excavations connected
by flow control valves. One excavation may be removed from service for an extended period of time to allow it to
dry out and decompose biological material which might plug the excavation. If one of the excavations is removed
from service, the daily water usage must be reduced to prevent overloading of the excavation(s) still in operation.
Normally, an excavation must be removed from service for two to three dry months for biological breakdown to occur.
(F) ET system plans. A number of sketches for ET system construction are provided in
§285.90(4) and (5) of this title.
(3) Pumped effluent drainfield. Pumped effluent drainfields shall use the specifications for low
pressure dosed drainfields descnbed in subsection (dxl) of this section, with the following exceptions.
(A) Applicability. If the slope of the site is greater than 2.0%, pumped effluent drainfields
shall not be used. Pumped effluent drainfields may only be used by single family dwellings.
(B) Length of distribution pipe. There shall beat least 1,000 linear feet of perforated pipe
for a two bedroom single family dwelling. For each additional bedroom, there shall be an additiona14001inear feet
of perforated pipe. No individual distribution line sha11 exceed 70 feet in length from the header.
(C} Excavation width and horizontal separation. The excavated area shall be at least six
inches wide. There shall be at least three feet of separation between trenches.
(D) Lateral depth and vertical separation. All drainfield laterals shall be between 18 inches
and 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.
Page 40
(E) Media. Each dosing pipe shall be placed with the drain holes facing down and placed
on top of at least 6 inches of media (pea gravel or media up to two inches measured along its greatest dimension).
(F) Pipe and hole size. The distribution (dosing) and manifold (header) pipe shall be 1.25
-1.5 inches in diameter. The manifold may have a diameter larger than the distribution pipe, but shall not exceed 1.5
inches in diameter. Distribution (dosing} pipe holes shall be 3/16 - 1/4 inch in diameter and shall be spaced five feet
apart.
(G) Pump size. Pumped effluent drainfields shall use at least a 1/2 horsepower pump.
(I~ Backfilling. Only Class lb, II, or III soils as described in §285.30(bxl xA) of this title
shall be used for backfill.
(c) Proprietary disposal systems.
(t) Gravel-less drainfield piping. Gravel-less pipe may be used only on sites suitable for standard
subsurface sewage disposal methods. Gravel-less pipe shall beeight-inch orten-inch diameter corrugated perforated
polyethylene pipe. The pipe shalt 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 descn'bed
under subsection (bX1xE) of this section.
(A) Planning parameters. Gravel less drainfieid pipe may be substituted for drainline pipe
in both absorptive and ET systems. when gravel-less pipe is substituted, media will not be required. ~ ET systems
shall be backfilled with Class II soils only. All other planning parameters for absorptive or ET systems apply to
drainfields using gravel-less pipe. ~ "
(B) Installation. The connection from the solid line leaving the treatment tank to the
gravel-less line shall be made by using an eight or ten-inch offset connector. The gravel-less line shall be laid level,
the continuous stripe shall be up, and the lines shall be joined together with couplings. A filter cloth must be pulled
over the joint to eliminate soil infiltration. The gravel-less pipe must be held in place during initial bacl~illing to
prevent movement of the pipe. The end of each gravel-less line shall have an end cap and an inspection port. The
inspection port shall allow for easy monitoring of the amount of sludge or suspended solids in the line, and allow the
distribution lines to be back flushed.
(C) Drainfield sizing. To determine appropriate drainfield sizing, use a drainfield width of
w = 2.0 feet for aneight-inch diameter gravel-less pipe, and an excavation width of W = 2.5 fora 10-inch gravel-less
pipe
Figure: 30 TAC §285.33(cxlxC) (No change.)
A =absorptive area as calculated in subsection (bx 1 xAxvn~ of this section
w =excavation width
(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
Page 41
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 (Axi) - (ii) of this paragraph for excavations wider than the chambers, the chambers shall be placed
edge to edge.
(A) The following formulas shall be used to determine the length of an excavation using
leaching chambers.
(i) The following formula is used for leaching chambers without water saving
devices.
Figure: 30 TAC §285.33(cx2xAxi) {No change.)
Where: A =minimum absorptive area calculated with no flow reduction; and
W =leaching chamber panel width
{ii) The following formula is used for leaching chambers with water saving devices.
Figure: 30 TAC §285.33(cx2xAxii) (No change.)
Where: A =minimum absorptive area calculated with flow reduction; and
W =leaching chamber panel width
(B) Leaching chambers shall not be used for absorptive drainfields in Class Ia or IV soils.
Leaching chambers may be used instead of media in ET systems, low-pressure dosed drainfields, and soil substitution
drainfields; however, the size of the drainfield shall not be reduced from the required area.
(C) Backfill covering leaching chambers shall be Class Ib, B, or III soil.
(3) Drip Irrigation. Drip irrigation systems using secondary treatment may be used in all soil classes
including Class N 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.
- (A) Drainfield layout. The drainfieldshallconsist of amatrix ofsmall-diameter pressurized
lines, buried at least six inches deep, and pressure seducing emitters spaced at a maximum of 30-inch intervals. The
pressure reducing emitter shall restrict tbe flow of effluent to a flow rate low enough to ensure equal distribution of
effluent throughout the drainfield.
(B) Effluent quality. The treatment preceding a drip irrigation system shall treat the
wastewater to secondary treatment as descnbed in §285.32(e) of this title unless the drip irrigation system has been
approved by the executive director as a proprietary disposal system without the use of secondary treatment.
(C} System flushing. Systems must be equipped to flush the contents of tbe lines back to
the pretreatment unit when intermittent flushing is used. If continuous flushing is used during the pumping cycle, the
canients of the lines must be returned to the pump tank
(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, however, overlapping areas shall only be coined once toward absorptive area
Page 42
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.
(E) Vertical separation distance. There shall be a minimum of one foot of soil between the
pressure reducing emitter and groundwater and six inches between the pressure reducing emitter and solid rock, or
fractured rock. For proprietary disposal systems that do not pretreat to secondary treatment, there shall be two feet
of soil between the groundwater and pressure reducing emitter and one foot of soil between solid rock or fractured
rock and tbe pressure reducing emitter.
(F) Labeling or listing. All drip irrigation system devices shall either be labeled by the
manufacturer as suitable for use with domestic sewage, or be on the list of approved devices maintained by the
executive director according to §285.32(cx4) of this title.
(4) Approval of proprietary disposal systems. All proprietary disposal systems, other than those
descnbed in this section, shall be approved by the executive director before they may be used. Proprietary disposal
systems shall be approved by the executive director using the procedures established in §28532(cx4xB) of this title.
(d) Non-standard disposal systems. All disposal systems not desentied 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 ~ a case-by-case basis according to §285.5
of this title (relating to Submittal Requirem~ts for Planning Materials). Electrical wiring fornon-standard disposal
systems shall be installed according to' §285.34(c) of this title. Upon approval of the` plaunirig materiaLS,' an
authorization to construct will be issued by the permitting authority. Approval for anon-standard disposal system
is limited to the specific system described in the planning materials foi'the'speoific location. The systems identified
in paragraphs (1) - (5) ofthis subsection must meet these requirements, in addition to the requirements idemified for
each specific System m 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 distnbution pipe installed withia the drainfield area.
(A) The effluent pump in the pump tank must be capable of an operating range that will
assure that effluent is delivered to the most distant point of the perforated piping network, yet not be excessive to the
point that blowouts occur.
(B) A start/stop switch or timer must be included in the system to control the dosing pump.
An audible and visible high water alarm, on an electric.circuit separate from the pump, must be provided.
(C) Pressure dosing systems shall be installed according to either design criteria in the North
Cm~olina 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 theNorth Cc~olina State University Sea Grant College Publication or other acceptable publications.
(i) The low pressure dosed drainfield area shall be sized according to the effluent
k~aditig rates in § 285.91(1) of this title and the wastewater usage rates in §285.91(3} of this title. The effluent loading
Page 43
rate (Ra } in the formula in §285.9I(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) If the media in the excavation is at least one foot deep, the length of the
excavation is L = A/(w+2) where:
or greater, or
(-a-) w =the width of the excavation for excavations one foot wide
(-b-) w = 1 for all excavations less than one foot wide.
(II) If the media in the excavation is less than one foot deep, the length of
the excavation is L = A/(w + 2H), where H =the depth of the media in feet and:
or greater, or
{-a-) w =the width of the excavation for excavations one foot wide
(-b-) w = 1 for all excavations less than one foot wide.
(ii) Each dosing Pipe shall be placed with the drain holes facing down and placed
on top of at least six inches of media (pea gravel or media up to two inches measured along the greatest dimension).
(iii) Geotextile fabric meeting the criteria in subsection (bx 1 xE) of this sectioa shall
be placed over the media. The excavation shall be backfilled with Class Ib, II, or III soil.
(iv) There shall be a minimum of one foot of soil between the bottom `of the
excavation and solid or fractured rock. There shall be a minimum of two feet of soil between the bottom of the
excavation and groundwater. _
(2) Surface application systems. Surface application systems include those systems that spray
treated effluent onto the ground.
(A) Acceptable surface application areas. Land acceptable for surface application shall have
a flat terrain (with less than or equal to 15% slope) and shall be covered with grasses, evergreen shrubs, bushes, trees,
or landscaped beds containing mixed vegetation. There shall be nothing in the surface application area within ten feet
of the sprinkler which would 'interfere with the uniform application of the effluent. Sloped land (with greater than
15%) may be acceptable if it is properly landscaped and terraced to min;mi~e off;
(B) Unacceptable surface application areas. Land that is used for growing food, gardens,
orchards, or crops that may be used for human consumption, as well as unseeded bare ground, shall not be used for
surface application.
(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.~(a) of this title. The technical report
shall descn'be the operation ofthe entire OSSF system, and shall include construction drawings, calculations, and the
system flow diaga~m. Proprietary aerobic systems may
Page 44
reference the executive director's approval list instead of furnishing construction drawings for the system.
(D) Effluent disinfection. Treated effluent must be disinfected before surface application.
Approved disinfection methods shall include chlorination, ozonation, ultraviolet radiation, or other method approved
by the executive director. Tablet or other dry chlorinators shall use calcium hypochlorite properly labeled for
wastewater disinfection. The effectiveness of the disinfection
procedure will be established by monitoring either the fecal coliform count or total chlorine residual from
representative effluent grab samples as directed in the testing and reporting schedule. The frequency of testing, the
type of tests, and the required results are shown in §285.91(4} of this title.
(E) Minimum required application area. The minimum surface application area required
shall be determined by dividing the daily usage rate (~, established in §285.91(3) of this title, by the allowable
surface application rate (R.i =effective loading rate in gallons per square foot per day) found in §285.90(1) of this
title or as approved by the permitting authority.
(F) Landscaping plan. Applications for surface application disposal systems shall include
a landscape plan. The landscape plan shall descn'be, in detail, the type of vegetation to be maintained in the disposal
area. Surface application systems may apply treated and disinfected effiueat upon areas with existing vegetation.
If any ground within the proposed surface application area does not have vegetation, that bare area shall be seeded
or covered with sod before system start-up. The vegetation shall be capable of growth, before system start-up.
.. ~ -• - - (G) Uniform application of effluent. Distribution pipes, sprinklers, and other application
methods or devices must provide uniform distn'bution of treated effluent. The application rate must be adjusfed so
that there is no runoff.
(i) Sprinkler criteria. The maximum inlet pt~essure for sprinklers shall be 40 pounds
per square inch. Low angle nozzles (15 degrees ar less in trajectory) shall be used in the sprinklers to keep the spray
stream kaw and reduce aerosols. If the separation distance betwcen the property line and the edge of the surface
application area is less than 20 feet, sprinkler operation shall be controlled by commercial irrigation timers set to_spray
between midnight and 5:00 am.
(ii) Planning 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.
(iii) Effluent storage and pumping requirements.
(I) For systems controlled by a commercial irrigation timer and required
to spray between midnight and 5:00 a.m., there shall be at least one day of storage between the alarm-on level and
the pump-on 1eve1, and a storage volume of one-third ttie daily flow between the alarm-on level and the inlet to the
pump tank.
(I)) •For systems not controlled by a commercial irrigation timer, the
minimum dosing volume shall be at least ono-half the daily flow, and a storage vohune of one-third the daily flow
betwcea ffie alarm-on level and the inlet to the pump tank
(IIn Pump tank construction and installation shall be according to
§285.34(b) of this title.
Page 45
(iv) Distribution piping. Distribution piping shall be installed below the ground
surface and hose bibs shall not be connected to the distribution piping~outside tbe pump tank. An unthreaded sampling
port shall be provided in the treated effluent line in the pump tank.
(v) Color coding of distribution system. Effective 365 days after the effective date
of these rules, all new distribution piping, fittings, valve box covers, and sprinkler tops shaII be permanently colored
purple to identify the system as a reclaimed water system according to Chapter 210 of this title (relating to Use of
Reclaimed Water).
(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 p}acement of the pressure distribution pipe is mended to reduce mound
height. The toe of the mound is considered the edge of the disposal area in determining the appropriate sepazation
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, fisswed 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 drainf~elds shall be
designed to address soil compaction to prevent unlevel systems. It is recommended that low pressure dosing be used
for efIluent 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 tbe following conditions aze met.
(A) Drainfield sizing.
(i) If the unsuitable feature is Class Ia soil, the disposal azea sizing shall be based
on the application rate for Class Ib soil. Some form of pressure distribution shall be used for effluent disposal.
Page 46
(ii) If the unsuitable feature is fractured or fissured rock, the system sizing should
be based on the application rate for Class III soil. Some form of pressure distnbution system shall be used for effluent
disposal.
(B) Effluent disinfection. Treated effluent must be disinfected as indicated in §285.32(e) of this title
before discharging into the drainfield.
(C) Other requirements. The affidavit, maintenance, and testing and reporting requirements of
§285.3(bX3) and §285.7(x) and (d} of this title apply to these systems.
(6) All other non-standard disposal systems. The planning materials for all non-standazd
disposal systems not desenbed in paragraphs (1) - (5) of this subsection shall be submitted to the executive director
for review according to §285.5(bX2) of this title before the systems can be installed.
Effective August 29, 2002
§285.34. Other Requirements.
(a) Septic tank effluent filters. Effective 180 days aRer the effective date of these rules, all effiuent filters
that aze installed in septic tanks shall be listed and approved under the NSF Standard 46 (2000) or under any standard
approved by the executive director.
(b) Pump tanks. Pump tanks may be necessary when the septic tank outlet is at a lower elevation than the
disposal field or for systems that require pressure disposal. All requirements in §285.32(bX1XD) - (F) of this title
(relating to Criteria for Sewage Treatment Systems) also apply to pump tanks. The pump tank shall be constructed
according to the following specifications. ~ -
(]) Pump tank criteria. Whey effluent must be pumped to a disposal area; an appropriate pump shall
be placed in a separate water-tight tank or chamber. A chock valve may be required if the disposal area is above the
pump tank The pump tank shaIl be equipped to prevent siphoning. The tank shall be provided with an audible and
visible high water alarm. If an electrical alarm is used, the power circuit for the alarm shall be separate from the
power circuit for the pump. Batteries may be used for back-up power supply Daly. All electrical components shall
be listed and labeled by Underwriters Laboratories (UL).
(2) Pump tank sizing_ Pump tanks shall be sized to contain one-third of a day's flow between the
alarm-on level and tbe inlet to the pump tank. The capacity above the alarm-on level may be reduced to four hours
average daily flow if the pump tank is equipped with muhiple pumps. See §285.33(dX2XGXiii) of this title (relating
to Criteria for Ei~lueat Disposal Systems) for sizing of pump tanks for surface application systems.
(3} Pump specifications. A single pump may be used for flows equal to or less than 1,000 gallons
per day. Dual pumps are required for flows greater than 1,000 gallons per day. A dual pump system shall have the
"alarm on" level below the "second pump on" level, and shall have clock-on feature in the alarm circuit so that once
it is activated it will not go off when the second~pump draws the liquid level below the "alarm on" level. All audible
and visibie alarms shall have a manual "silence" switch. The pump switch-gear shall be set such that each pump
operates as the first pump on an alternating basis. All pumps shall be rated by the manufacturer for pumping sewage
or sewage effluent.
Page 47
(c) Electrical wiring. All electrical wiring shall conform to the requirements the National Electric Code
(1999] or under any other standards approved by the executive director. Additionally, all external wiring shall be
instal}ed in approved, rigid, non-metaIlic gray code electrica} conduit. The conduit shall be buried according to the
requirements in the National Electr ica}Code and terminated at a main circuit breaker panel or sub-panel. Connections
shall be in approved junction boxes. Al} electrical components shall have an electrical disconnect within direct vision
from the place where the electrical device is being serviced. Electrical disconnects must be weatherproof (approved
for outdoor use) and have maintenance lockout provisions.
(d) Grease interceptors. Grease interceptors shall be used on kitchen waste-lines from institutions, hotels,
restaurants, schools with lunchrooms, and other buildings that may discharge large amounts of greases and oils to the
OSSF. Grease interceptors shall be structurally equivalent to, and backfilled according to, the requirements
established for septic tanks ands §285.32(b}(1}(D) - (F} of this title. The interceptor shall be installed near the
plumbing facture that discharges greasy wastewater and shall be easily accessible for cleaning. Grease interceptors
shall be cleaned out periodically to prevent the discharge of grease to the disposal system. Grease interceptors shall
be properly sized and installed according to the requirements of the 2004 edition of the Uniform Plumbing Code, other
prevailing code, or under any other standards approved by the executive director.
(e) Holding tanks. Tanks shalt be constructed according to the requirements established for septic tanks
under §285.32(b)(1xD) - (E) of this title. Inlet fittings are required. No outlet fitting shall be provided A baffle is
not required. Holding tanks shaft be used only on sites where other methods of sewage disposal are not feasble {these
holding tank provisions do not apply to portable toilets or to an office trailer at a construction site). All holding tanks
shall be equipped with an audible and visible alarm to indicate when the tank has been filled to within 75% of its rated
capacity. A port with its smallest dimension being at least 12 inches shall be provided in the tank lid for inspection,
cleaning, and maintenance. This port shall be accessible from the ground surface and must be easily removable and
watertight.
(1) Minimum capacity. The minimum capacity of the holding tank shall be sufficient to store the
estimated or calculated daily wastewater flow for a period of one week (wastewater usage rate in gallons per day x
seven days). .
{2) Location. Holding tanks shall be installed in an area readily accessible to a pump truck under
all weather conditions, and at a location that meets the minimum distance requirements in §285.91(10) of this title
(relating to Tables}.
(3) Pumping requirements. A scheduled pumping contract with a waste transporter, holding a
current registration with the executive director, must be provided to the permitting authority before a holding tank may
be installed. Pumping records must be retained for five years.
(f) Composting toilets. Composting toilets will be approved by the executive director provided the system
has been tested and certified under NSF International Standard 4I (1999} or under any other standards approved by
the executive director.
(g) Condensation. If condensate lines are plumbed directly into an OSSF, the increased water volume must
be accounted for (added to the usage rate) in the system planning materials.
Effective June } 3, 2001
Page 48
§28535. Emergency Repairs.
(a) An emergency repair may be made to an OSSF providing that the repair:
(i) is made for the abatement of an immediate, serious and dangerous heahh hazard; and
(2) does not constitute an alteration of that OSSF system's planning materials and function.
(b) Emergency repairs include tasks such as replacing tank lids, replacing inlet and outlet devices, and
repairing solid lines. Such repairs must meet criteria established in this chapter.
(c) The installer shall notify the permitting authority, in writing, within 72 hours after starting the emergency
repairs. The notice must include a detailed description of the methods and materials used in the repair.
(d) An inspection of the emergency repairs may be required at the discretion of the permitting authority.
Effective June 13, 2001
§285.36. Abandoned Tanks, Boreholes, Cesspools, and Seepage Pits.
(a) An abandoned tank is a tank that is not to be used again for holding sewage.
(b) To property abandon, the owner shall conduct the following actions, in the order listed. - .
(1) All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the
wastewater removed by a waste transporter, holding a current registration with the executive director.
(2) All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to
ground level with fill material (less than three inches is diameter) which is free of organic and constructionldebris.
Effective June 13, 2001
§28539. OSSF Maintenance and Management Practices.
(a) An installer shall provide the owner of an OSSF with written information regarding maintenance and
management practices and water conservation measures related to the OS SF installed, repaired, or maintained, by the
installer.
(b) Owners shall have the treatment tanks pumped on a regular basis, in order to prevent sludge accumulation
from spilling over to the next tank or the outlet device. Owners of treatment tanks shall engage only persons registered
with the executive director to transport the treatment tank contents.
(c) Owners shall not allow driveways, storage buildings, or other structures to be constructed over the
treanment or disposal systems.
OSSF.
(d) Owners shall not allow water softener and reverse osmosis back flush to enter itrto any portion of the
Effective June 13, 2001
Page 49
SUBCHAPTER E: SPECIAL REQUIREMENTS FOR OSSFS LOCATED
IN THE EDWARDS AQUg'ER RECHARGE ZONE
§§285.40 -285.42
§285.40. OSSFs on the Recharge Zone of the Edwards Aquifer.
(a) Applicability. The following additional provisions apply to the Edwards Aquifer recharge zone as defined
in §285.2 of this title (relating to Definitions) and are not intended to be applied to any other areas in the State of
Texas.
(b) Additional application requirements for new OSSFs. Ail planning materials shall be submitted to the
permitting authority by a professional engineer or professional sanitarian.
(c) Conditions for obtaining an authorization to construct. In order to obtain an authorization to construct
in the Edwards Aquifer recharge zone, the following conditions must be met.
(1) Minimum lot sizes. Each lot or tract of land on the rechazge zone on which OSSFs aze to be
located shall have an area of at least one acre (43,560 square feet) per single family dwelling.
(2) Minimum separation distances from recharge features.
(A) No sewage treatment tank or holding tank may be located within 50 feet of a recharge
feature as defined in §285.2 of this title.
(B) No soil absorption system may be located within 150 feet of a recharge feature.
(C) Additional separation distances in §285.91(10) of this title (relating to Tables) shall be
used
(d) Existing OSSFs. OSSFs shall comply with the provisions of this subchapter except as provided under
§285.3(fx 1) of this title (relating to General Requirements). If the OSSF is required to have a new permit, the permit
shall be obtained according to §285.3 of this title. An OSSF installed on the recharge zone before April 11, 1977,
in either Uvalde or Kinney Counties is not required to be permitted, provided the OSSF is not causing pollution, is
not a threat to the public health, is not a nuisance, and has not been altered.
(e) Exceptions for certain lots. Lots platted and recorded with the following counties in their official plat
record, deed, or tax records before the date indicated in this subsection, aze exempted from the one-acre minimum lot
size requirement, according to the conditions of subsection (f) of this section. However, an Edwards Aquifer
protection plan under Chapter 213 of this title (relating to Edwards Aquifer) may be required for construction of
regulated activities, including home construction:
(1) Kinney, Uvalde, Medina, Bexar, and Comal Counties-Mazch 26, 1974;
(2) Hays County-June 21, 1984;
(3) Travis County--November 21, 1983; and
Page 50
(4) Williamson County-May 21, 1985.
(f) Notice. Any owner who divides his property into two or more residential lots, on which any part of the
OSSF w~71 be on the recharge zone, must inform, in writing, each prospective purchaser, lessee, or renter of the
following.
{1) which lots within the regulated development are subject to the terms and conditions of this
section;
(2) that an authorization to construct shall be required before an OSSF can be constructed in the
subdivision;
(3) that a notice of approval shall be required for the operation of an OSSF; and
(4) whether an application for a water pollution abatement plan as defined in Chapter 213 of this
title has been made, whether it has been approved, and if any restrictions or conditions have been placed on that
approval.
Effective June 13, 2001
§285.41. Edwards Agaifer Protection Plan.
(a) An Edwards Aquifer' protection plan as defined in Chapter 213 of this title (relating to E dwards Aquifer)
shall be approved by the appropriate regional office before an authorization to construct maybe issued for an OSSF
by a permitting authority.
(b) For projects where an Edwards Aquifer protection plan has been approved by a regional office, the
written notice required in §285.400 of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer)
shall include the separation distance requirements to a~+ existing or possible recharge features found on the Proposed
lot or lots. The location of recharge features can be obtained from the designated representative or authorized agent
of the county where the development will take place, from an affected groundwater conservation district, or as
identified in the water pollution abatement plan for the proposed lot or lots as provided in §2 i 3.5(bx4)(F)(ii) of this
title (relaxing to Required Edwards Aquifer Protection Plans, Notification, and Exemptions).
Effective June 13, 2001
§285.42. Other Regmremeats.
(a) If any recharge feature is discovered during construction of an OSSF, all regulated activities near tbe
feature shall be suspended immediately. The owner shall immediately notify the appropriate regional office of the
discovery of the feature. Activities regulated under Chapter 213 of this title (relating to Edwards Aquifer) or this
chapter shall not proceed near the feature unt~7 the permitting authority, in conjunction with the appropriate regional
office, has reviewed and approved a plan proposed to protect the feature, the structural integrity of the OSSF, and
the water quality of the aquifer. The plan shall be sealed, signed, and dated by a professional engineer.
(b) No OSSF may be installed closer than ?5 feet from the banks of the Nueces, Dry Frio, Frio, or Sabinal
Rivas downstream from the northern Uvalde county line to the recharge zone.
Page 5 ~
(c) Additional requirements may apply as rewired by the permitting authority's order, ordinance, or
resolution.
Effective June 13, 2001
J
Page 52
SUBCHAPTER F: LICENSING AND REGISTRATION REQUIREMENTS
FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, AND
SITE EVALUATORS
§§285.50 - 285.65
§28550. General Requirements.
(a) The procedures for issuing licenses and registrations for on-site sewage facilities (OSSF) installers,
designated representatives, apprentices, and site evaluators are in Chapter 30 of this title (relating to Occupational
Licenses and Registrations).
(b) Any individual who constructs any part of an OSSF shall hold a current installer license appropriate for
the type of system being installed, except as noted in §30.244 of this title (relating to Exemptions). This does not
include the individuals under the direct supervision of the licensed instaIler or registered apprentice.
(c) Any individual who performs the duties of a designated representative under §285.62 ofthis title (relating
to Duties and Responsibilities ofDesignated Representatives) onbehalf ofthe authorized agent shall possess a current
designated representative license. Individuals may not advertise or represent themselves to the public as designated
representatives unless they are employed, appoiirted, or contracted by an authorized agent and hold a current
designated representative license.
(d) Any individual who performs the duties of an apprentice under §285.63 of this title (relating to Duties
and Responsibilities ofRegistered Apprentices) must hold a current apprentice registration under a licensed installer.
(e) Effective September 1, 2002, a~ individual, other than a professional engineer, who performs the duties
of a site evahuator under §285.60 of this title (relating to Duties and Responsibilities of Site Evaluators) shall possess
a current site evaluator license. An individual possessing a current professional engineer license is not required to
possess a site evahrator license.
(f) When required by the permitting authority, the installer or the installer's apprentice must be present at
the job site during the inspection or re-inspection of the OSSF.
(g) Any individual who acts in any capacity for a permitting authority shall not, within that permitting
authority's area of jurisdiction:
(1) work as an apprentice to an OSSF installer,
(2) work as an OSSF installer;
(3) work for an OSSF maintenance company,
(4) work as a site evahrator, or
(5) perform anyother OSSF-related activities which fall under the permitting authority's regulatory
jurisdiction, except those activities directly related to the individual's duties as an employee of, appointee to, or
contractor for the permitting authority.
Page 53
Tables).
(h) An Installer I is authorized to construct OSSFs as described in §285.91(9) of this title (relating to
(i) An Installer II is authorized to construct all types of OSSFs as described in §285.91(9) of this title.
Effective December 17, 2001
§285.60. Duties and Responsib~ities of Site Evaluators.
A site evaluator shall:
(1) possess a current license from the executive director;
(2) record their license number on all site evaluations, and all other correspondence prepared as a
site evaluator under this chapter;
(3) provide true and accurate information in the site evaluation report required by §285.30(a) of this
title (relating to Site Evaluation) and in a~ other documentation;
(4) maintain a current Installer II license, designated representative license, professional engineer
license, professional sanitarian license, or a certified professional soil scientist certificate, is addition to the site
evaluator license;
(5) conduct preconstruction site evaluations, including visiting the site and performing soil analysis,
a site survey, or other activities necessary to determine if a site is suitable for anon-site sewage facility (OSSF); and
(b) maintain a current address and phone number with the executive director and submit airy change
in address or phone number in writing within 30 days after the date of the change.
Effective December 17, 2001
§285.61. Duties and Responsibilities of Installers.
An installer shall:
(i) possess a current Installer I or Installer II license before beginning construction of an OS SF;
(2) record his license number on all bids, proposals, contracts, invoices, proposed construction
drawings, or other correspondence with owners, the executive director, or authorized agents;
(3) provide true and accurate information on any application or any other documentation;
(4) begin the construction of an OS SF only after obtaining documentation that the owner, or owner's
agent, has the permitting authority's authorization to construct, unless a permit is not required;
(5) notify the permitting authority of the date on which he plans to begin the construction of an
OSSF, unless a permit is not required;
Page 54
(6) construct an OSSF to meet the minimum criteria required by this chapter or the more stringent
requirements of the permitting authorit};
(7) construct the OSSF that has been authorized by the permitting authority for the specific location
identified in the site evaluation;
(8) stop construction and retain to the permitting authority to change the planning materials for the
permit if site or soil conditions, materials, or supplies make compliance with the planning materials impossible;
(9) be present at the job site during the construction of the OSSF or be represented by an apprentice;
(10) be present at the job site at least once each work day if the OSSF work is supervised by an
apprentice and verify that the wark performed by the apprentice is according to the requirements of this chapter,
(11) request the initial, final, and any other required inspection or inspections from the permitting
authority;
(12) refrain from removing materials from, or ahering components of, an OSSF after the final
~P~~
- - (13) submit to the permitting authority, within 72 hours of starting emergency repairs, a written
statement describing the need for any emergency repair and the work performed; ... .
., .. - (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
according to §285.7 of this title (relating to iViaurtenance Requiremems); and
(15) mai~a.in a current address and phone number with the executive director.and- submit any
change in address or phone number in writing within 30 days after the date of the change.
Effective June 13, 2001
§285.62. Duties and Responsibilities ofDesignated Representatives.
A designated representative shall:
(1) possess a current license from the executive director,
(2} be employed, appointed, or cornracted by an authorized agent;
{3) enforce the rules and regulations of the Texas Health and Safety Code, Chapter 366, the Texas
Water Code, this chapter, and the permitting authority;
(4) assist the authorized agent in amending the authorized agent's order, ordinance, or resolution
when necessary;
(5) conduct subdivision reviews in conformance with this chapter,
Page 55
(6} review variance requests to ensure compliance with the requirements of the permitting authority;
(7) approve only planning materials that conform with the requirements of this chapter and the
requirements of the permitting authority;
(8) issue the authorization to construct;
(9) verify, before the initial inspection, that the installer possesses a current license and has the
correct classification for constructing the permitted or planned on-site sewage facility (OSSF);
Requirements);
(10) conduct construction inspections as required under §285.3(d) of this title (relating to General
(11) approve only construction that conforms with this chapter, the authorized agent's approved
order, ordinance, or resolution, and the notice of approval;
(12) issue tbe notice of approval;
and complaints;
(13) ensure collection of ail OSSF related fees;
(14) ensure maintenance of accurate records of permitting, fees, inspections, maintenance reports,
(15) investigate compiairrts and take appropriate and timely action; :
(16) record his license number on all plan reviews, complaint im~estigations, inspection reports, site
evaluations, and any other correspondence prepared in performance of the duties of a Designated Representative under
this chapter;
"' (17) record the installer license number in any inspection reports relating to that installer,
(18) receive compensation for OSSF related services within the authorized agent's area of
jurisdiction, only from the authorized agern or according to a signed contract with the authorized aged
(19) while employed by, appointed to, or contracted by the authorized agent, refrain from performing
any of the following activities within the authorized agent's area of jurisdiction:
(A) working as an apprentice to an OSSF installer;
(B) working as an OSSF installer;
(C) working for an OSSF maintenance company;
(D) working as a site evaluator; or
(E) performing any other OSSF-related activities which fall under the authorized agent's
regulatory jurisdiction, except those activities directly related to the individual's duties as a designated representative
for the authorized agent;
Page 56
(20) verify the existence of a maintenance contract between an owner and the maintenance company
according to §285.7(c) of this title (relating to Maintenance Requirements); and
(21) maintain a current address and phone number with the executive director and submit a~ change
in address or phone number in writing within 30 days after the date of the change.
Effective December 17, 2001
§285.63. Duties and Responsibilities of Registered Apprentices.
(a} An apprentice shall:
(1) represent his supervising installer during construction at the site;
(2) perform services associated with on-site sewage facilit}+ (OSSF) construction under the direct
supervision and direction of the installer on-site or be in direct communication with the installer,
installer; and
(3) refrain from receiving compensation for an OS SF installation from a~+one except the supervising
(4) maintain a current address and phone number with the executive director and submit any change
in address or phone number in writing within 34 days after the date of the change.
(b) An apprentice shall not act as, advertise, or offer to perform services as, an installer. An apprentice may
not perform a~ services associated with OSSF construction except under the direct supervision of an installer holding
a current license or according to the supervising installer's expressed directions.
Effective December 17, 2001
§285.64. 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 a license for the following reasons:
(1) for an installer:
(A} failing to perform required maintenance an an on-site sewage facility (OSSF) for at least
eight consecutive months (failing to maintain records is evidence of far~ure to perform maintenance on the OSSF};
($) 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; or
(C) failing to properly submit four or more required OSSF maintenance reports over any
two-year period;
(2) for a designated representative:
Page 57
(A) failing to verify, before the initial inspection for a particular OSSF, that the individual
is a property 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
agent;
(C) failing to enforce the requirements of the order, ordinance, or resolution of an authorized
(b) Revocation. In addition to the items listed in §30.33 of this title, the executive director may revoke a
license or registration for the following reasons:
(1) for an installer:
(A) constructing, or allowing the construction of, an OSSF that is not in compliance with
Chapter 285 of this title;
_ (B) allowing, or beginning, the construction of an OSSF without a permit when a permit
is required;
(2) for a designated representative:
' (A) approving construction of an OSSF that is not in conformance with this chapter, the
authorized agent's approved order, ordinance, or resolution, and 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) for a site evaluator: failing to maintain a current Installer II license, designated representative
license, professional engineer license, professional sanitarian license, or a certified professional soil scientist
certificate; or
(4) for an apprentice:
(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
supervising installer.
(B) receiving compensation for an OSSF installation from someone other than the
Effective December I7, 2001
Page 58
SUBCHAPTER G: DUTIES OF OWNERS AND AUTHORIZED AGENTS
§285.70, §285.71
§285.70. Duties of Owners With Mslfnnctioning OSSFs.
if the executive director or the authorized agent determines that an 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:
(1) the 3 0th 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.
Effective June 13, 2001
§285.71. Authorized Agent Enforcement of OSSFs. L
- (a) Complaints. The authorized agent shall investigate a complaint regarding an on-site sewage facility
(OSSF) within 30 days after receipt of the complaizrt, 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 I3ealth and Safety Code, Chapters 341 and 366. This may include complaints against:
(1) registered apprentices and licensed installers, site evaluators, and designated representatives;
(2) individuals performing the duties as an apprentice, installer, designated representative, site
evaluator, or a professional engineer who is performing site evaluations without a current registration or license;
(3) owners in violation of this chapter or the authorized agent's order, ordinance, or resolution; or
(4) owners of malfunctioning OSSFs on the owners' property.
(b} Conviction or court judgment under subsection (aXl) and (2) of this section. Upon conviction or court
judgment, the authorized agent shall send a copy of the conviction or court judgment to the executive director.
(c) Referral of complaints under subsection (ax 1) and (2) of this section. If there are unusual circumstances
involved, or if the authorized agent is unable to take enforcement action, the authorized agert may refer complaints
to the executive director in writing at any time after a documented im+esrigation of the complaint has been completed.
Effective December 17, 2001
Page 59
SUBCHAPTER H: TREATMENT AND DLSPOSAL OF GREYWATER
§285.80, §285.81
§285.80. Treatment and Disposal of Greywater.
New construction or alteration to an existing greywater conveyance, treatment, storage or disposal system
outside of a structure or building must comply with this chapter and any established requirements of the permitting
authority. Any new construction or alteration to an existing greywater reuse or reuse conveyance system associated
with a structure or building must comply with requirements of the State Board of Plumbing Examiners.
Effective June 13, 2001
§285.81. Criteria for Discharge of Laundry Greywater.
Wastewater from residential clothes washing machines, otherwise lalown as Laundry gteywater, may be
discharged directly omo the ground surface under the following conditions.
{1) The disposal area shall not create a public health nuisance.
(2) Surface ponding shaIl not occur in the disposal azea.
(3) The disposal area shall support plant growth or be sodded with vegetative cover.
(4) The disposal area shall have limited access and use by residents and pets.
(5) Laundry greywater that has been in contact with human or animal waste shall not be dischazged
on the ground surface and shall be treated and disposed of according to §285.32 and §28533~ofthis title (relating to
Criteria for Sewage Treatment Systems and Criteria for Effluent Disposal Systems, respectively).
(6) Laundry greywater shall not be discharged to the azea if the soil is wet.
be avoided.
(7) The use of detergents that contain a significant amount of phosphorus, sodium, or boron should
(8) A Lint trap shall be required at the end of the discharge line.
Effective June 13, 2001
Page 60
SUBCHAPTER I: APPENDICES
§Z85.90, §285.91
§285.90. F'igares.
OSSF.
The following figures aze necessary for the proper location, planning, construction, and installation of an
(1) Figure 1. Maximum Application Rates far Surface Application of Treated Effluent in Texas.
Figure: 30 TAC §285.90(1)
(2) Figure 2. Affidavit to the Public.
Figure: 30 TAC §285.90(2)
(3) Figure 3. Sample Testing and Reporting Record.
Figure: 30 TAC §285.90(3)
(4) Figure 4. Typical lhainf~elds -Sectional View.
Figure: 30 TAC §285.90(4)
(5) Figure 5. Typical Drainfields.
Figure: 30 TAC §285.90(5) -
(~ Figure 6. Two Compartment Septic Tank.
Figure: 30 TAC §285.90{b)
_.. (7) Figure 7. Two Septic Tanks in Series.
Figure: 30 TAC §285.90{7)
(S) Figure 8. Intermittent Sand Fitters.
Figure: 30 TAC §285.90(8)
(9) Figure 9. Irnermitteat Sand Filter Underdrain and PumpwelI.
Figure: 30 TAC §285.90(9)
Effective June i 3, 2001
§285.91. Tables.
The following tables aze necessary for the proper location, planning, construction, and installation of an
OSSF.
(1) Table I. Effluent Loading Requirements Based on Soil Classification.
Figure: 30 TAC §285.92(1)
(2) Table II. Septic Tank Minimum Liquid Capacity.
Figure: 30 TAC §285.91(2)
Page 61
(3) Table III. Wastewater Usage Rate.
Figure: 30 TAC §285.91(3)
(4) Table IV. Required Testing and Reporting.
Figure: 30 TAC §285.91(4)
(5) Table V. Criteria for Standard Subsurface Absorption Systems.
Figure: 30 TAC §285.91(5)
(6} Table VI. USDA Soil Textural Classifications.
Figure: 30 TAC §285.91(6)
(7) Table VII. Yearly Average Net Evaporation (Evaporation-Rainfall).
Figure: 30 TAC §285.91(7)
(8) Table VIII. OS5F Excavation Length (3 Feet in Width or Less).
Figure: 30 TAC §285.91(8)
(9) Table IX. OSSF System Designation.
Figure: 30 TAC §285.91(9)
(10) Table X. Minimum Required Separation Distances for On-Site Sewage Facilities.
Figure: 30 TAC §285.91(10)
{11) Table XI. Intermittent Sand Filter Media Specifications (ASTM C-33).
Figure: 30 TAC §285.91(11)
(12) Table XII. OSSF Maintenance Contracts, Affidavit, and Testing/Reporting Requirements.
Figure: 30 TAC §285.91{12)
(13) Table XIII. Disposal and Treatment Selection Criteria.
Figure: 30 TAC §285.91(13)
Effective December 17, 2001
TITLE 30
TEXAS ADMINISTRATIVE CODE
CHAPTER 285
~~~~~~
APPENDIX A
FIGURES
,~

^ _~ -~:
-_~{:R
_~.L~
Figure 1. Ma~mum Application Rates for Surface
Application of Treated Efftueat in Texas
(GallonslSquare Foot/Day)
0
o,
~~
Note: To obafm the appliutim tape for ary yr>riailu uea,
rdks to the itapieth lice to the !~ d the a:ra
Figure 2. Model Deed and Affidavit Language
THE COUNTY OF (insert County name)
STATE OF TEXAS
CERTffICATION OF OSSF REQUIRING MAINTENANCE
According to Texas Natural Resource Conservation Commission Rules for On-Site Sewage
Facilities, ties document is filed in the Deed Records of (insert county name) County, Texas.
The Texas Health and Safety Code, Chapter 366 authorizes the Texas Natural Resource
Conservation Commission (TNRCC) to regulate on-site sewage facilities (OSSFs). Additionally, the
Texas Water Code (TWC), § 5.012 and § 5.013, gives the TNRCC primary responsibility for

implementing the laws of the State of Texas relating to water and adopting rules necessary to carry out its
powers and duties under the TWC. The TNRCC, under the authority of the TWC and the Texas Health
and Safety Code, requires owner's to provide notice to the public that certain types of OSSFs are located
on specific pieces of property. To achieve this notice, the TNRCC requires a deed recording. Additionally,
~, the owner must provide proof of the recording to the OSSF pernutting authority. This deed cerhification is
not a representation or wan~anty by the TNRCC of the suitability of this OSSF, nor does it constitute any
guarantee by the TNRCC that the appropriate OSSF was installed.
II
An OSSF requiring a maintenance contract, according to 30 Texas Administrative Code §285.91(12) will
be installed on the property described as (insert Iegal description):
The property is owned by (insert owner's full name)
This OSSF must be covered by a continuous maintenance contract. All maintenance on this OSSF must be
performed by an approved maintenance company, and a signets maintenance contract must be submitted to
(insert name of the permitting authority) within 30 days after the property has bees transferred.
The owner will, upon any sale or transfer of the above-descnbeti property, request a transfer of the permit
for the OSSF to the buyer or new owner. A copy of the planning materials for the OSSF can be obtained
from (insert name of permitting authority).
WITNESS BY HAND(S) ON THIS DAY OF
(OD(s) si8~~s))
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS DAY OF
Notary Public, State of Texas
Notary's Printed Name:
My Commission Expires:
Figure 3. Sample Testing and Reporting Record.
This testing and reporting record shall be completed, signed and dated after each maintenance check and test. One
copy shall be retained by the maintenance company. The second copy shall be sent to the local permitting
authority and the third copy shall be sent to the system owner.
1. Required frequency of maintenance check and tests - (daily, weekly, monthly, quarterly, every 4
months).
Actual date of test:
2. System inspection: Property Address:
Permit Number:
Person Performing Inspection:
(Signature)
Insaected Item tional Inoperative
Aerators
Filters
Irrigation Pumps
Recirculation Pumps
Disinfection Device
Chlorine Supply
Electrical Circuits
Distn'bution System
Sprayfield Vegetation/Seeding
. (if applicable)
Other as Noted
3. Repairs to system (list all components replaced):
_ 4. Tests required and results:
Test R~nired Results Test
Yes No mQJI, mpnl100 ml, ar trace Method
BOD (Grab)
TSS (Grab)
CIz (Grab)
Feral Coliform '
5. Date(s) responded to owner complaints during reporting period (attach copy of complaint and
findings}:
6. General armments or recommendations:
Figure 4. Typical Drainfields -Sectional View.

TOP SURFACE OF EXCAVATION FOR
CALCULATING E.T. DRAINFIELD SIZE '
~\~ 3a:.~ z.~ ;Cn
J-{LASS 2~. RIR L" ~St ~ ~5.: 1!
f
i
18-6
~f S
~ oeooee
oeooooo00
oeooecee
o°o°eeeeeoo 0
°°e°e°o e a o °e
i ~ °ooooo oooeeo
1:8'efS toooooa + oaaose
! YJhI!4!l~oeQO~o~o°oao°o° °
1 oeo o •
o°o°a°o~°o°o°o°o°a
°o°o°ooeoe°e°e e
6 O~000
SijCiE Fii'E IRA'~-It4o
H$~PTIVE L'4 E.T.
1
I
i
I
13-s"t,
1'iCNCS
t~Ol~;iilLC f "w w
- Pf~S ?45;a ls'~
S PISfRt!a:l;'31 EIS
F7 SQL CaS<_
~ lb,;I, L>P i..
T
"sia~ SI36STIT3T3CiAf ~?AIIf~EL~ C,,^"ISTRJ=F:
QVE~ ~?iit~Y PFR~ABLE ~~1t1
{F°w.CT?~D 2x1C GRAV£L, GEER:~~IC "~.>tT:
SQIi &1CyFi ~L.	
$ASS lT 3RQC~' i	
FIDt .1LL D~. T	
fiEl2 TEXTILE	
FA>FtIC Is-~	
dLRF,	
}4 U~f7l	_
AC.4F~ATEu PiY:	
	~o
PJ271+ JS !'COLA ~ ME:H	e
ooa
o

•L£VsL 3f7fT]!1 ~	~
0
~o a
°o°
e°a
	
Brd7~IL! VITH
QRSS ll>,I~ :fIIPi,T
8 [R I4 fPG.4
PR)tWt D'sA
~ l3tA'vELEiS ?C'C
~eES VITH A? wJ_~
W,9 j .~. j YR:~P
_ S~~
iiV~.~'S~'i?t~!
1 ''F" 25 f" !l.=X~
~~A~K~_ESS StiG:E PI?E n~AIHriE~~
* Credit for top surface area shall be limited to 2 feet past outside drainline.
TOP SURFACE OF EXCAVATION FOR
CALCULATING E.T. D/RAINFIELD SIZE'
ih~~lSf
P~ ALL E.T. r
rr F~~
Q.TX?;.[
Fa~iL
VULTi?~E ~RAiI~I1~E aPTi~IS ~'a?'/E
tEXEAVATEGN VIDTli >a, ;;- ~ u. ~'~"
A~ I3cPTIVE t72 E.T.
w ~ ~::~ vITH ~ L:_ASS
~-~ - ; I~i1 ~R I,I L~ Y
e 5_ Typtcat Drainfields:
~igur
S~Q,rtc
SANK
S~Lt11 LINE
._._. ~~,. I ~
~`' 1 EXCAVATION EDGES SHALL
~F ~.~ .-- ` I pE SEPARATE1S6uRB fl°sGit
'' I ' ~ MORE 0~ UND A.
~ ~ /a` . ~~a1:Na
t ~
1 •. ~ X
' I 51ND~-~ EXCAVATION DRAINFIELD .
1 ~ 1 I
ULTI EXCAVATION pRA1Nf1EL0
M
i.: `,
,y ,
~i.
~~,
-'',FR:.
'-4-p1.t7G
• V EI. t]F
2AVEL
~7ERFACE
~,EQtEX? iL.E
F AUR1C
~2 1NCNES
µtN•
DRAINFIE~D
unL~ $IN~LE PIPE GROUND
pN SLOPING
A-~ A '{r~'S0 ~ Y
B~+B" <=~~~ ~
art~e'~t s0pttc ~~n~
,moo Gamy
rt20UND S~~f ACS
(yUT1.~T.
]NI-~~
DF`T~T..~a. M1N•
' rri : a; : '':~" ~'r~
_°,.• MINIMUMGUSµ~~q~QM~'.l~"._P ~~ KiN~R~N~
~,,,~~R s
A INS pp {~0~~` ~ ~ ~d ENa1N~~h1~'
~ NpT ItttENp~ Tp gEA~
1M{lam
.. •... • ~y r•.
. ; ~ . .. •. .. ~ .~Fi~~~ur~~7'.•~ Two S ptiC.;T~riks ~n•<~ereJ~ :.~:.~` ~ ..~:~ •~
.~ ... ..
. :'ti.r• ••~• .
\ ..
.. .. ~ ' :'THEE{RSTT~~ • •~t~lllST BE'ONE-HALF70 ~ ... ~ ... "• ..
THE TOTAL VOLUME ~~• ,,•. ~ ~'~' ,~ '• ~~_{ DEPTH MA~VA SY~ 6U ~S OT•SX~I+EIy <'•~.
•• ~ TVUO THIRDS OF ...i;~; .: ~•. p p..:"<•;.
• ~ ~ OF BOTH TANKS:. ~. ' ~ . •~ :%. ~ .-~ ••`•• . `4• • :~ < j~ p C N 6~' CHNE~ ~`.~ ' •~ . ;y.
.. .. . . , ~»~ ; ~~:: :culta ~ ~IjUr~::' ' ;. • .. •~, . • >: ~ ';- • ~• ,>° •yr; ~ •::, BELOW Th(F GROVN ' E;r ;.:- •,~ '
. A ys:.
':1. •~•~ . ~~r •.44 \\3ti• ~ •.y• •r.. ~y. .~ .;~••~ .>.y• 11•A. ~• •,
:x. •ti•
:?,w---~s CCGI cM1M .--••a-•r=; '~ t; '.`t~''• •_ ,~ ~', •: [O:;z<~ 4: z :<'.
1 '.,~:
,.~ . .
..
>.
•
. sS 4'4t• p
v :?t~1Nr' V:. ,.1.~.".4.2~ ..~i ,~. .. ~~ .~•^ > ,1..4~ rti: •r:t>. •,r; ;''•••• .•4. L~.
\•' 1:.. ~ 3>/~ .~ ~ rms. • • )>Y~ i A^A i~•• j !j,~, .t.~• .+`. • : ~.•.•i' ~~ •' ~i~1 • ~ I>!i • ' ~~ i' : •< • .v. • t.:' •
. .. :.<~~ .y, '~'~:.::' a •JNc?:~~s`~Mt~d~uM.cUSNx~!•1~ i:~N. +! • ~ :. 't , :
. ;, t'~Ri~'u~.:t:~t<tPOr~ r~~r,~st~rlyW~1 ~~i ~ •:,..;_ .. .. ' .
• •"^.--•~5~~•^: ;.. 1 f •i •t• \it•i I:.~ ,Y\•i iriy •' 'vt ••` •. S{:~ ~ •>••• ...
• . ~ ~ • • NOrirr~rvdi~v.tb'srrte!G'A,~,w•~rriarN>~Ria~¢a~~~:tbaocsNs~i~i~idN;~1i i~tis: .. •
.. .. .. ,
... • : .. tr ,.: ..
. .. >` ..
1 ~ --- -~
Figure 8. Infermittent Snnd Filters.
TYPlC.~,L LAYOUT
-~
SEPTIC TANK
'r
CROSS SECTION VIE~~~~
,cam, •~•- MONITORING PORT
'MONITORING PIDRT~ ~ ~rr
s~ `I I ~ I f
~ I I I ~ I I
'. ~ ~ ~ ( '~
STRIBUTION P/(MAXIMUM 2' SPAC
pp ~
LIIIIIQI{ti 1111 .II - 111114
~,~;,•~ ..G,o`c
~_ ?~~~.~~~		~ ~ ~ ~-- 6"- 1 2" LOAMY TOPSOIL
~ Il t II 1 I 1 11 i 1 ~~ 11~ I~ I 11~ 1 1
'.ooy+o`,7~' ,~°%~c;~;o:~'o'~~,•~°a 'E'er 9" POROUS MEDIA
•GO~;4~o:'0'- - - -.~-•'--~•-•C' (GRAVEL, TIRE CWIPS, ETC.)
		~- ASTI.1 C-33 SANG
		(2~l" 1•.IINII.AUM DEPTH)
		PEt-.r;R:.VEL 8: UIJDERDRAII~I
		I;WOLES FACING DOWN)
INTERMITTENT
~ SAND FILTER
PUMP CWAMBER
GRAINFIELD TOP VIEW
uNaERORAtN
u ,_ ~ ~ ~ • ~ - - _- -
NOT INTE1J Of.0 TO 'S I:RVC AS AN CIdG11JC~Rf.O OI: RI•:11 f'OR COPISTA U4TIGN PyRPOSCS,
Figure 9. Intermittent Sand Filter Underdrain & Pumpwell.
UNDERDRAIN CRASS-SECTION
I (GP.AVITY DISChAP.GE OF EFFLUENT) ~
'LA UR'rwEL
~' :.S~v' ilA)
~• L;`cj
p~ ~
OQ
00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o c ;~,
o_ 0 0 0 0 0_o e_c:o:o o"0 0 0 0_0"0 o_e:o o_o"o:o~s~::~ ~_
PDP,DUS MEDiA_/ ~~ ~~
FDR STORAGE ~ _
6' DEPTH PEP,F~NA ~ ~_ ~*~`
s
' - FOP. FIL ~ =.--~ ~ ~:~NSPOP. i
. .: - .
_ . ~ - uNDE~DQaIN .. ~__.PUM~~wE~~~- ~.___._ _ _ .:~
CRASS-~ECTIDN - ~ ~~~
.: - , ROSS L~U _ _,~ ... ;.
.~ ~ I
1
LPF,CE ~
G1A.~Tzn I
_ i
iu~lA ~. L~~-~-1
P~RFG'R,~7ED ~ °oo ~ ~
PL~E FAR FlLTF~TE ~ c ~~ ®~I
TR~l~JSf'ORT e
` :,UPPORT FOR
~_ PLI6~r Ylel.L c
Pt~IP
f?~~T 6+~TlDED TO ~I~ A", RIl ~ ~~~ D~Si~d FOR f~~-~7FitlCTM.if{ Fi1P~~~~.
.3~,'r
Table I. Effluent Loading Requirements Based on Soil Classification.
SOIL CLASS
(Refer to Table VI)	LONG TERM APPLICATION (R,}
*GALLONS PER ABSORPTIVE AREA (S~ PER DAY
Ia	>0.50
Ib	0.38
II	0.25
III	0.20
IV	0.1
* The absorptive area consists of the bottom area of the excavation PLUS one foot of sidewall area azound
the full perimeter of the excavation.
The required absorptive area shall be calculated by the following formula:
ABSORPTIVE AREA = Q/R„ where Q is the wastewater usage rate in gallons per day
(see Table III, Relating to Wastewater Usage Rate}.
Table II. Septic Tank Minimum Liquid Capacity.
SEPTIC TANK MIl~IIMUM LIQUID CAPACITY
A. Determine the applicable wastewater usage rate (Q) in TABLE III of 30 TAC
Chapter 285.
B. Calculate the minimum septic tank volume (~ as follows:
1. For Q equal to or less than 250 gaUday:
V = 750 gallons
2. For Q greater than or equal to 251 gaUday but less than or equal to 350
-. gaUday:
V = 1000 gallons
-~ 3. For Q greater than or equal to 351 gaVday but less than or equal to 500
~ gaUday:
"' V =1250 gallons
4. For Q greater than or equal to 501 gaUday but less than or equal to 1000
gaUday:
V=2.SQ
.. 5. For Q greater than or equal to 1001 gaUday:
V= 1,750 + 0.75Q
Table III. Wastewater Usage Rate.
This table shall be used for estimating the hydraulic loadia8 tatGS ~Y I d~Y wastewater age rate (~ ~~8 seytic tank liquid capacity a~ dtain5dd
area]. Sing formulas are based on resideotial strrngth BODS. Coramtereial/irutitutional futilities must ptetseat theirwastevvaierto 140 BODS. Actual water
asase data or otter o.ethods of cakalatieg wastewater usage rates maybe aced by the system desigxr if it is accurate and aeceptabk to the Teas
lYataral Researce Coaservatioe Commosioa or its aathorued agents. If actual water use records are greater than the asnage rates ie this table,
the system shad be designed for the higher slow.
TYPE OF FACILITY	USAGE RATE	USAGE RATE
	GALLONSIDAY	GALLONS /DAY
	(RTithout Water Sa ' Devices)	(With Water Sa ' Devices)
Single fam7y dwelling (one or two be~ooms) -less than 1 boo square feet.	2u	180
Single firatily dwelling (thra bedrooms) -tea than 2,500 squ~e sat.		
	300	2ao
Single fam1Y dwelling (iota bedroaa~) - lca tbm 3500 square sd.		
	375	300
Singie sorrily dwelling (file bodrooms) - lea than 4,500 square fat.		
	450	360
Single ~Y dweilmg (six bedrooms) -lea than 5.500 squae feet.		
	525	420
Caedtc than 5,500 squae seat, eadt additional loo square sect ar inapt		
thereof	75	60
Caodaminitem or Tow~oase (one or two bedrooms)	225	180
Candom~ or Towahoase earl addiriooal bedroom	75	60
Mobile Lame (one or two bedrooms)	225	180
Mobile home rrrh additioml bedroom	75	60
attbs m®ber	u	zo
Loners bedroom	Its	loo
sdtools roam	so	40
Day tae aeotas (pe rhrld with kitd~)	z5	20
dare omtas Child withart kitdten	is	12
Factories shi$	15	I2
	200	160
Hotels sod molds bed)	75	60
homes	100	SO
Lamdnes selfsGVl« marbme	250	200
and rabies )	10	8
Movte Theaters seat	5	4
O~« bmldings (ao food or showers pa oeatpaot)	5	4
Offim with rood servi« ooamant)	10	8
palls (with -+~t,.~.,.~ per person)	15	12
Parks without bathhouse oasm)	10	8
Restaaants (per seat)	35	28
R~staaaNS (fist rood seat)	15	12
Sdtaols (with rood servi« & gym PQ student)	25	20
Sdtools (without sood smite)	15	12
Servi«staaans vdfide)	t0	8
States ( washrooml	200	160
S ~ I bathhouses (ver )	10	8
Trasd tralerlRV ( saa«)	SO	40
Va dinirs ( animall	10	8
Caasanution silts worker)	50	40
Youth adorns ( r~oa)	30	24
Table IV. Required Testing and Reporting.
~}'~
. .
Any Treatment Method in At least once every four months One BADS and TSS Grab Sample BODs and TSS Grab Samples Not
Conjunction with Surface ~ Per Ycar (non-single family To Exceed GS mg/i
Application residences only)
0.1 mg/I Residual in Pump Tank or
~... • Total Chlorine Residual or Fecal Fecal Colifotrn Not To Exceed
Coliform nt Each Re uired Test 200 MPN/100 ml CFU/100 ml
None
Any Secondary Treatment System ~ At (cast once every four months None
Permit S ectfic Permit S ecific Permit S eciCtc
Non Standard
.~
~;
,. ~	}r
~~ •
	
	
	.
	~,
	
	
Table V. Criteria for Stlndlyd Subsurface Absorption Systems.
....... .... ~ .. ... ...
.:............... .. .... .n.:..... .. :.. .. ~ .-..................: :::::::....:..::..........
............. ............,......... .......... ,........ ....,.a...............,..
........... .:. .......... .. .... .:. ..: .....,......................
...



.. ........... .:.::. ..... .......... ..::.:
.S. .:. . .. ..... .. 1. ., .. ... ..	.. ,. .: .',. h ..
..:.... ...?C .... ...:..... ,: }... Tw.. 4>..A:. 2~n\, .n .. ~~
.. .. ........... ..,,..... t . .. ........... ..*...^ }.a.. \ ,•:.v.vk^a. ':.4'irv•: V :..
.. :: _: :......... .;...: .. ~ : .. 'ri<.:::..L:i.viY•: .v.}:~ .i





... ..:... ~•,... 4 ... , n..,. n• Y ., .:	.. ., .. ..:.},»>}:iu:..,•:•+:a:y,.,::•~C:'•5::.:::isS;i;:i::::%>3<:>:i:ii;~}:a.cy:?2}:





ti
.).,R.. r. ~., .2' )) ,,.ac 2..
1. :.,. a. ,:,.~•. :..an.. :.:.
.,
, SS ,1}}:'P \S ) ::S.il:'.:,... .r
.:
.... .
v,
•I
`1`A
M'~hJ
5
~
~
~
•. ... .:.. .:: .... .::. :v , ,.

....
...>
.:<
::	.:.: .... .: }, n,> %R. :. A ..%t .v, 2 ,..:. :, ... n..


..
~ .,. :•: v,'h:.o-~>F.v~ .>.. ... .. :. Yt;.;.:::>':. ^x, .> ,., a..>..	.: n.n~Sr T. ' :?
~• .fSi2 v •. {ii:N :}. ti2
.}.
.
.
,.: deh...$ .,Say, .2 ..,;.;.} ,,.2
.,
:.
.:.	. ::. .,: , :..:.:.:. t C,:.:. ....	~:.R..
Topography _	Slopes 0-30%	Slopes greater than 30%
		Com lex slo es
Subsoil Texture	Soil Class Ib, II, or III soils along the sidewall	Soil Class la soils along the sidewall or within lwo feet
	and two feet below the bottom of the excavation	below the bottom of the excavation (Except for lined ET)
	•	Soil Class IV along the sidewall or within two feet below
•		the bottom of the excavation (Except for pumped effluent
		and L~
Restrictive I Iorizon	No restrictive horizon intersects the sidewall or	A restrictive horizon intersects the sidewall or is within 24
•	is within 24 inches below the bottom of the	inches below the bottom of the proposed excavation
	ro osed excavation. ~	Exce t as indicated in 285.33 b 1 A vi
Gravel analysis	In Class II or 11I soils, only; .	All other Class II and III soils, which contain gravel in
	Gravel portion less than 30% and gravel greater	excess ofwhat is described as suitable
	than 2.0 mm; or	
	if greater than 30% gravel, 80% of the gravel	All.other soils with greater than 30% gravel
	ortion must Ue less titan S.0 mtn	
Groundwater	No indication of seasonal•groundwater anywhere	Indications of seasonal groundwater or drainage mottles
	within 24 incites of the bottom of the proposed	anywhere within 24 inches of the bottom of the proposed
	excavation. ' '	excavation Exce t for lined ET
Flood Hazard	No flooding potentiate ''
~•, ' ~	Areas located in the floodplain and regulatory floodway
	.
e "`
;-	unless system designed accoy'ing to §285.31(c)(2)
	~~~ ~	De sessional areas without ade uate drains e
Other	~' • I '	Fill material
Table VI. USDA Soil Textural Classifications.
SOII, PARTICLE SIZE:
X00 w O
90 ~O
80 20
70 AY 30
60 40
PERCENT PERCENT
CLAY 50 TY ~50 SILT
L
40 ~ ~ C Y 6O
30 A SIL Y AY 70
AN C Y
20 L M A '80 :~.
1L 90
` X00
100 90 80 70 60 54 40 30 20 10
PERCENT SAND
clay -smatter than 0.002 mm in diameter
silt - 0.05 to 0.002 nun in diameter
Sand - 2.0 to 0.05 mm in diameter
Gravel -Greater than 2.0 mm in diameter `
mm =millimeter
Note 1: Sand shall be free of organic matter and shall be composed of silica, quartz, mica, or any other
stable mineral.
Note 2: Class Ia soils contain more than 30% gravel; therefore, they are not portrayed on the soil triangle.
Table VII. Yearly Average Net Evaporation (Evaporation -Rainfall).
REPORTING STATION	NET EVAPORATION', RET
1NCHES/DAY
Amarillo	0.21
Austin	0.14
Beaumont	0.04
Bi S rin	0.24
Brownsville	0.15
Chilicothe	0.20
C on Lake	0.15
Coll a Station	0.12
Co us Christi	0.15
Dain erfield	0.08
Dallas	0.14
El Paso	0.26
Fort Stockton	0.25
Houston	0.07
Laredo	0.23
Lubbock	0.21
Naco doches	0.06
San Antonio	0.15
San elo	0.23
Tem le	0.15
Throclanorton	0.19
Tyler	0.08
* The calculations for all values listed include a 20% run-off consideration.
Table VIII. OSSF Excavation Length (3 Feet in Width or Less).
•~~ : ~-
	i ~ Exeavalion Length (Fat)
	Soil Clan Ib ~ r .. ~ •.. .	.,r;t ~; ~ ~'~°: ~ ~ -~ -y $oil Class II	Soil Clew l1I `:.
Daily
Sewage
F1av ( )'	For 1.3 Foot
Excavation ~Vidlh~	For 2.0 Foot
Excavation Width	For 3.0 Fod
Excavation WIdlh
~	~. Far~:3 Foot
Excavation Width'	Por x:0 Foot
Excavation Width	For 3.0 Foo[
Excavation Width	Far 1.3 Foot
Excavation Width	For 2.0 Faot
Excavation Width	For 3.0 Foot
Excavation Width
100	7S	66	53	114	100	80	143	12S	100
123	94	82	66	143	123	100	179	136	123
lS0	113	99	79	171	130	120	214	188	130
180	135	118	95	206	l80	144	257	223	180
200	150	132	105	229	200	160	266	250	200
223	169	148	118	257	225	180	321	281	225
240	180	138	126	274	240	192	343	300	240
473	207	.~ 181	143	3l4	275	220	393	344	275
300	226	197	138	343	300	240	429	375	300
325	244	214	171	371	325	260	464	406	323
360	271	237	i89	411	360	288	SI4	450	360
31S	282	247	197	429	373	300	336	469	375
400	301	263	211	437	400	320	571	S00	400
420	316	276	221 ~	480 ~	420	336	600	323	420
4S0	338	296	237	'~. 514 ''	~~~ 450	360	643	563	450
47S	357	3l3	250 ~	543	~ 473	380	679	594	473
S00	376	329	263	571 ~	500	400	714	625	S00
I
1. 7'o detetmine excavation lengths, greater than 3 feet in width or where the area end width are known. use the formulas provided in §285.33(b)(I)(A)(vii).
2. To determine excavation lengths (3 feet or less in width, but greater than or equal to 1.3 feet ht width) for daily sewage ttows (Q) not provided in this table, use the formula provided in §285.33(b)(1)(A)
(viixllQ. ~ ''
3. Minimum excavation width is I.S feet for all excavation lengths.
Table IX. OSSF System Designation.
SYSTEM DESCRIPTION	SYSTEM TYPE	PLANNING MATERIAL
TO BE PREPARED BY
RS. or P.E.	INSTALLER
REQUIREMENTS
S 'c Tank & Abso rive Drainfield	Standard	No	Class I or II
Septic Tank & ET Drainfield (Unlined)
S tic Tank & ET Drainfield (Lined)	Standard
Standard	No
No	Class I or II
Class II
Septic Tank & Pum Drainfield	Standard	No	Class I or II
'c Tank 8t Leachine Chamber	Pro 'etarv	No	Class I or II
is Tank & Gravelless Pi	P 'etarv	No	Class I or II
S tic Tank & Low Pressure Dosin	Non-standard	Yes	Class II
S 'c Tank & A 've Mounds	Non-standard	Yes	Class II
is Tank & Soil Substitution	Non-standard	Yes	Class I or II
Septic Tank, Secondary Treatment, Filter & Surface
lication	Non-standard	Yes	Class II
Aerobic Treatment & Standard A five Drainfields	P ri	Yes	Class II
Aerobic Treatment & ET Drainfield		Yes	Class II
Aerobic Treatment & Leachin Chamber	Pro ri	Yes	Class II
Aerobic Treatment & Gravelless Pi	Pro ri	Yes	Class II
Aerobic Treatment, Filter & Dri Emitter	Pr "e	Yes	Class II
Aerobic Treatment dt Low Pressure Dosin	P	Yes	Class II
Aerobic Treatment & Ab 've Mounds	Pro ri	Yes	Class II
Aerobic Treatment dt Sur6ce lication	Pr 'et	Yes	Class II
An Other Treatment S	-	Yes	Class II
An Other Subsurface ]?i S tem	-	(11	l 1
Other Surface Dis S em	-	Yes	Class II
Non-Standard Treatment when Secondary Treatment Required	Non-Standard	Engneer Only	Class II
Holdin¢ Tank	-	No	Class I or II
(1) Determined by the executive director based upon review required by §285.5(bx2) of this Chapter (relating to submittal requirements for
planning materials).
{2) The site evaluation is required to be performed by either a site evaluator or a professional engineer.
:, ~ .•..I.,,.. ,~,,.. ,; ~ :, t :. . ,
. ! ~ ! ~ I ,
Table X. Minimum Required Separation Distances for On-Site Sewage Facilities.
- ~. ~: ,
.. ,,..~
	1 1 TO
	' Tank
~	~ i Soil ~ lion y	~ ~' ~ i 1,it ed' ~
~	Sewer Pipe With	_ Surface Applleation	Drip ImgeHan
FROM		in~ ET
Syaleme,
dt
~	ne
piration
,,, Evapod
'a
-	Watertight Joints	(Edge of Spray Ares)	
		p
~
~~	Ly
~
~			
Public Wda Wells'	SO	'130 ~ t	130	SO	130	130
						
PublieWeterSu I Littest	to	l0 ; ~	10	to	l0	10
						
1Vells and	SO	100 ~ ~	SO	20	100	100
Under cued Cistcros						
						
Priwto 1Vater Line	10	10	3	10'
except et oonnedion to	
No separation distances	10
				awcture		
Walla (Pr~ssurc Cemented oc Crrouted to		i	
SO	
20	
50	
SO
100 ft. or Prcssuro Cemented or Grouted	SO	SO				
to tiYatertable if WetMable is Less Than						
100 A. d						
						
Ponds, Laken, Rivers, Cteeka
3trean-s		75, LPD (Secondary ~				25 when R,sO.I
,
(Measured From Normal Pool Elevation	30	Treatment do	SO	20	SO	73 when R,>0.1 (With
'
and Weterl~~el); Salt Wsler Bodice 'r		Disinfection)-SO '				Sccondary
frealment&
Hi Tide (MI						Disinfection -10
						

Buildings, Surface
Fouttdatiaro		
~			No Separation Distances	No Seperetion Distances
'
,
lmprovanents. property Lines, Easentertts,	
S	
S ~
'	S	S	Except:
Property lines - 20°	8xcept
:
Property Lines - S
Swimming Pools, and Other Structures		'			Swimming Pools - 25	.
Slopes 1Vherc 3eepa may Occur	0	~ 25 ~	S	10	23	10 when R,s0,1
	(~~ s,p~,t „may ~					2S when R,>0.1
	requimd for uro separuion		'			
	distances)					
Edwatda Aquifer Rechuge Fnturce (See
Chapter 413 of Ibis title relating to	
SO	
ISO	
SO	
SO	
1 SO	
100 when Ft,s0.1
Fdwerda Aquifer)r						ISO when R,>0.l
I . All distances measured in feet, unless otherwise indicated. ! ' ~ ~-- ! •'
2. For additional information or revisions to these separation distances, see Chapter 290 of this title (rotating to Public Drinking Watu).
3. No OSSF may be installed closer then 75 feet from the banks of the Nutxxs, Dry Frio, Frio, or Ssbinal Rivera downstream from the notihcm Uvalde County line to the recharge wee.
4. Drip irrigation Imes may not be placed under foundations. t ~~ ' `'' ~ ~ i '
S. Private water IineJwastewater line crossings should be ttroatod as public water line crossings, tree Chapter 290 ofthia title (relating to Public Drinking Water).
6. Separation distance may be reduced to 10 feet when sprinkler operetion is controlled by commercial timer. Sec ¢285.33(dx2xGxi).
~ ; 1, Sf
i i .
' ~ '`t
I~ ! ~
t'.~ I 74
~',
} ~ i', i
._ . t .
Table XI. Intermittent Sand Filter Media Specifications (ASTM C-33).
Particle Size Distribution
Sieve	Particle
Size	Percent Passing
3/8 inch	9.50 mm	100
No. 4	4.75 mm	95 to 100
No. 8	2.36 mm	80 to 100
No. 16	1.18 mm	50 to 85
No. 30	0.60 mm	25 to 60
No. 50	0.30 mm	10 to 30
No. 100	0.15 mm	2 to 10
No. 200	0.075 mm	s 3
1. The sand shall have not more than 45% passing any one sieve and retained on the next consecutive sieve listed
in TABLE XI.
2. The limit far material that can pass the No. 200 sieve shall not be more than 3%.
3. The fineness modulus shall not be less than 2.3 nor more than 3.1, and is defined as a numeric quantity to
control the distnbtrtion of filter media particle sizes within the specified range for intermittent sand filters.
The fines modulus is calculated by adding the cimlulative percents of samples retained on the following
screens, dividing the sum by 100.
.. U.S. Bureau of Standards ;
Sieve	Particle Size .
3/8 inch	9.50 mm
No. 4	4 .75 mm
No. 8	2 .36 mm
No. 16	1.18 mm
No. 30	0.60 mm
No. 50	0.30 mm
No. 100	O. I S mm
Table XII. OSSF Maintenance Contracts, davit,
and Testing/Reporting Requirements.
SYSTEM DESCRIPTION	Maintenance
CaahacU.Affidavit	Mainteomtce
Activities
R	Testing and Reporting
Requirements
S tic Tank & Abso rive Draiafield	No	See 285.39	No
Septic Tank & ET Drainfield (Unlined)
S tic Tank & ET DrainSeld fined	No (3)
No (3	See §285.39
See 285.39	No
No
S 'c Tank 8c Pum Drainfield	No	See 285.39	No
'c Tank & Chamber	No	See $285.39	No
tic Tank & Gravelless Pi	No	See 28539	No
'c Tank & Low Pressure Dosin	No	See 285.39	No
'c Tank 8c rive Mounds	No	See 285.39	No
'c Tank & Soil Substitution	No	See 28539	No
Septic Tank, Secondary Treatment, Filter 8c
Surface lication	Yes	Entire OSSF	Test dt Report
Seoaoda:y Treatmenrt & Standard
've Ikainfields . .	Yes	Trcanneat System	Report
Treatment & ET Drainfield	Yes	Treatment S	
Treatment 8r. Lead~in Chamber	Yes ~ -	Treatment S	
' Treatment. Cnavelless Pi	.. Yes ~ `	Treatment S ~ esn	_ . ~ ..
r~
Seootsdary Treatment, Filter & Drip
Emitter	
Yes	
Entire OSSF =~ ~	
='Y ` ."' ~.:
Sxondary Treatment 8t Law Pressure
Dos' - _	Yes ~.. • _ '	.Treatment System	Report
Secondary Treatment 8t Absorptive
Mounds	Yes	Treatment System	Report
Secondary Treatment & Surface
lication	Yes	Entire OSSF	Test and Repoli
Other Treatment S em	1)	(l	(1)
Other Subsurface Di S	1	1	(1
An Other Surface Dis S em	Yes	1	(1)
Non-Standard Treatment and Surface
Application	Yes .	Entire OSSF	Test and Report
(1)
Holdin Tank	Yes	Pum tank as needed	K um records
(1) Determined by the permitting authority based upon review required by §285.5(b) of this title (relating to Submittal
Requirements for Planning Materials}.
(2) Testing criteria and reporting frequency for those systems not covered under (1) shall be according to §285.91(4} of
this titles
(3} Required if design Q is Less than required by §285.91(3) of this title.
TABLE XIII: DISPOSAL AND TREATMENT SELECTION CRITERIA

ON-SITE SEWAGE FACILTTY~'~	SOIL TEXTURE OR FRACTURED ROCKS 10~

(MOST RESTRICTIVE CLASS ALONG	
MINIMUM DEPTH TO	
SUM DEPTH

(OSSF)	
MEDIA~> ott 2 FEET BELOW EXCAVATION)	
GROUNDWATER	TO RESTRICTIVE
HORIZON<~~
DISPOSAL METHOD (SECTION)	CUSS	Ct.ass Ib,	CL~ss	FRwCrtmED	MEASURID FROM	MEASURID FROM
'j~EA7MENq'	Ia	II~ oR III	IV	ROCx	BC7P1L)M OF M®IArn	BOTIL7M OF MIDIAm
ABSORPTIVEDRAIl~IFIlZD~ZI	U	S	U	U	2 FEET	2 FEET
(285.33 B) 1 )SEPTIC TANK						
ABSORPTIVE DRAII3FIEI.D~ZI	Sc~	S	U	S~~	2 FEEI	2 FEET
SECONDARY TREATMENT						
I'iNm E-TYZ~
SEPTIC TANK	S	S	S	S	N/A	N/A
L.nvm E-"I'~n
SECONDARY TREATMENT	S	S	S	S	N/A	N/A
UNLINID 1rT~I
SEPTtc rAxx	U	S	S	U	2 FEET	2 FEET
UNLINID E-T~~
SECONDARY TREATMENT	Sw	S	S	Scr	2 FEET	2 FEET
PItMPID EFFLUENT DRAIIQFIE(..D~)	U	S	S			

SEPTIC TANK				U	2 FEET	1 FOOT
I.EP~CfiIIdG ~`~~~
SEPTIC TANK	U	S	U	U	2 FEET	2 FEET
LEACHING CHAMBERa>	Scsl	S	U	Sir	
2 FEET	
2 FEET
SECONDARY TREATA~IT						
GRAVELLESS PII'Ern
SEPTIC TANK	U	S	U	U	2 FEET	2 FEET
GRAVELLESS PIPE~J
SECONDARY TRFATMEAIT	S(A	$	U	Sty	2 FEET	2 FEET
DRIP IRRIGATION
SEPTIC TANK/ FILTER	U	$	S	U	2 FEET	1 FOOT
DRIP IRRIGATION
SFAONDARY TREATAgNT/ FII.TER	Std	$	S	SIB	
1 FOOT	
6 INCHES
LAW PRESSURE DOSING	U	$	S	U	2 FEET	1 FOOT
SEPTIC TANK						
LAW PRESSURE DOSING
SECONDARY TREAThff•NT	S(A	S	S	SIB	2 FEET	I FOOT
MOUNDt~
SEPTIC TANK	S	S	S	S	2 FEET	I.S FEET
MOUNDI4I
SECONDARY TRFA7'MITiT	S	S	S	$	2 FEET	1.5 FEET
SURFACE APPLICATION	gc~-	S~~	S~~	S~~	N/A	N/A
SECONDARY TREATMEDTT						
SURFACE APPLICATION	~~
S	~~
S	
SI°~	
SIB	
N/A	
N/A
NON-STANDARD TREATMENT						
SOII. SUBSTITtmON«	S	S	U	$	2 FEET	2 FEET
SEPTIC TANK						
Son, SussTrrvnoN<21	S	S	U	S	2 FEET	2 FEET
SECONDARY TREATMINT						
S =SUITABLE
U =UNSUITABLE
(1 } An absorptive drainfield may be used, if a rock horiwn is ai Ieast 6 inches above the bottom of the excavation, see §285.33(bx 1).
(2) If the slope in the drainfield area is greater than 30% or is complex, the area is unsuitable for the disposal method.
(3} Can only be installed in an area where the slope is less than or equal to 2.0%.
(4) Can only be installed in an area where the slope is less than 10%.
(~ Requires disinfection before disposal. A form of pressure distribution shall be used for e$luent disposal in fractured or fissured
rock.
(6) Requires vegetation cover and disinfection.
(~ When no media exists, measure from the bottom of the excavation or pipe, whichever is less.
(8) May require gravel analysis for furtleer suitability analysis (see §285.30(bx1xB)).
(9) If OSSF is located within a Flood Haard, see §28531(cx2) for special planning requirements.
(]0)lncludes fissured rock.
All OSSFs require surface drainage cormols if slope is less than 2%.
TITLE 30
TEXAS ADMINISTRATIVE CODE
PART1
CHAPTER 30

SUBCHAPTER A:
ADMINISTRATION OF
OCCUPATIONAL LICENSES &
REGISTRATIONS
f

^ d+
Y y
t
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 1
SUBCIiAPTER A: ADNIINISTRATION OF OCCUPATIONAL LICENSES
AND REGISTRATIONS
§§30.1, 30.3, 30.5, 30.7, 30.10, 30.14, 30.18, 30.20, 30.24, 30.26, 30.28, 30.30, 30.33, 30.35
Effective December 17, 2001
§30.1. Authority.
The provisions in this chapter are issued under the authority of Texas Water Code, Chapter
37.
Adopted November 20, 2001 Effective December 17, 2001
§30.3. Purpose and Applicability.
(a) The purpose of this chapter is to consolidate the administrative requirements and establish
uniform procedures for the occupational licensing and registration programs prescribed by Texas
Water Code, Chapter 37. This subchapter contains general procedures for issuing, renewing, denying,
suspending, and revoking occupational licenses and registrations. Subchapters B - K of this chapter
(relating to Backflow Prevention Assembly Testers; Customer Service Inspectors; Landscape Irrigators
and Installers; Leaking Petroleum Storage. Tank Corrective Action Project Managers and Specialists;
Municipal Solid Waste Facility Supervisors; On-Site Sewage Facilities Installers, Apprentices,
Designated Representatives, and Site Evaluators; Water Treatment Specialists; Underground Storage
Tank On-Site Supervisor Licensing and Contractor Registration;, Wastewater Operators and Operations
Companies; and Public Water System Operators and Operations Companies) contain the program-
specific requirements related to each program.
(b) This chapter applies to applications for issuance or renewal of licenses or registrations that
are received on or after January 1, 2002.
(c) The requirements of this chapter apply to the following occupational licenses and
registrations:
(1) backflow prevention assembly testers;
(2) customer service inspectors;
(3) landscape irrigators and installers;
(4) leaking petroleum storage tank corrective action specialists and project managers;
(5) municipal solid waste facility supervisors;
(6) on-site sewage facility (OSSF) installers, designated representatives, apprentices,
and site evaluators;
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
(7) water treatment specialists;
(8) underground storage tank contractors and on-site supervisors;
(9} wastewater operators and operations companies; and
(10) public water system operators and operations companies.
Adopted November 24, 2001
§30.5. General Provisions.
Page 2
Effective December 17, 2001
(a) A person must be licensed or registered by the commission before engaging in an activity,
occupation, or profession described by Texas Water Code, §§26.0301, 26.3573, 26.452, 26.45b,
34.007, or 37.003, or Texas Health and Safety Code, §§341.033, 341.034, 341.102, 341.103,
361.027, 366.014, or 366.071. The commission shall issue a license or registration only after an
applicant has met the minimum requirements for a license or registration as specified in this chapter.
(b) A person may not advertise or represent themselves to the public as a holder of a license
or registration unless they possess a current license or registration. A person may not advertise or
represent~to the public~that it can perform~services for which a license or registration is required unless
it holds a current license or registration, or unless it employs individuals who hold current licenses.
_ (c) The executive director may contract with persons to provide services required by this
chapter. The commission may authorize contractors to collect reasonable fees for the services
provided.
(d) Licenses and registrations are not transferrable.
(e) New licenses shall not be issued to employees of the commission who have regulatory
authority over the rules of this chapter.
Adopted November 20, 2001 Effective December 17, 2001
§30.7. Definitions.
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Approved training event -Instructor-led classroom training, conferences,
seminars, workshops, association meetings, distance learning, or technology-based training that
provides the knowledge and skills needed to perform occupational job tasks that have been reviewed
and approved by the executive director.
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 3
(2) Continuing education -Job-related training approved by the executive director
used for renewal of licenses and registrations..
(3) License - An occupational license issued by the commission to an individual
authorizing the individual to engage in an activity covered by this chapter.
(4) RebQistration - An occupational registration issued by the commission to a person
authorizing the person to engage in an activity covered by this chapter.
(5) Training credit -Hours of credit allowed by the executive director for attendance
at an approved training event.
Adopted November 20, 2001
§30.10. Administration.
The executive director is responsible for:
(1) reviewing applications;
Effective December 17, 2001
(2) developing, administering, and grading examinations;
(3) issuing and renewing licenses and registrations;
(4) maintaining records related to licenses and registrations;
{S) maintaining a roster of current licenses and registrations;
(6) collecting fees;
(7) approving training for licensing credits; and
(8) responding to complaints against licensees and registrants.
Adopted November 20, 2001 Effective December 17, 2001
§30.14. Applications for Initial Registration.
(a) Applications for initial registrations shall be made on a standard form approved by the
executive director. The application must be submitted to the executive director with the appropriate
fee.
(b) Supplemental information for each individual program shall be submitted according to the
specific requirements for each program.
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 4
(c) Within 45 days after the date the executive director receives the application, the executive
director shall notify the applicant in wriiing if all the registration requirements.have been met.
(d) All statements and qualifications provided by the applicant are subject to verification by
the executive director.
(e) Misrepresentation or falsification of any information may be grounds for rejection of an
application or for enforcement action.
(f} All applications must be completed in full. All deficiencies must be corrected within two
months of notif cation, or the application shall be considered invalid.
(g) After verification chat the requirements for registration have been met, the executive
director shall mail the registration no later than 45 days after the effective date of the registration. The
registration shall be for the term specified in §30.30 of this title (relating to Terms and Fees for
Licenses and Registrations). The effective date of the registration shall be the date the executive
director issues the registration.
Adopted November 20, 2001
Effective December 17, 2001
§30.18. Applications for an Initial License.
(a) Applications for initial licenses shall be made on a standard form provided by the
executive director. The application must be submitted to the executive director with the fee according
to §30.30 of this title (relating to Terms and Fees for Licenses and Regist_rations). The application
must be submitted to the executive director before the applicant may take tYie~examination.
(b) Supplemental information for each individual program shalt be submitted according to the
speciftc requirements for each program.
(c) Within 45 days after the date the executive director receives the application, the executive
director shall notify the applicant in writing if the licensing requirements have been met.
(d) An approved application shall be valid for one year from the date of approval.
(e} All statements and qualifications provided by each applicant are subject to verification by
the executive director.
(f) Misrepresentation or falsification of any information may be grounds for rejection of an
application or for enforcement action.
(g) All applications must be completed in full. All deficiencies must be corrected within four
months of notification, or the application shall be considered invalid.
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 5
{h} An applicant must furnish evidence of any training credit, proof of education, or work
experience when requested.
{i) After verification that the requirements for license have been met, the executive director
shall mail the license no later than 45 days after the effective date of the license. The license shall be
for the term specified in §30.30 of this title. The effective date of the license shall be the date the
executive director issues the license.
Adopted November 20, 2001
§30.20. F,gaminations.
Effective December 17, 2001
(a) The executive director shall prescribe the content of licensing examinations. Examinations
shall be based on laws, rules, job duties, and standazds relating to the particular license.
(b) Examinations shall be graded and the results forwarded to the applicant no later than 45
days after the exanunation date. The minimum passing score for an examination is 70%.
(c) Any individual who fails an examination may repeat the examination after waiting 60
days. The examination may not be repeated more than three times within 12 months of the initial
application approval. After one year or four examinations, whichever occurs first, a new application
with a new fee must be submitted before the applicant may take the examination again.
(d) Any qualified applicant with a physical, mental, or developmental disability may request
reasonable accommodations to take an examination.
(e) Examinations shall be given at places and times approved by the executive director.
(f) The executive director shall provide an analysis of an examination when requested in
writing by the applicant. The executive director shall ensure that an examination analysis does not
compromise the fair and impartial administration of future examinations.
Adopted November 20, 2001 Effective December 17, 2001
§30.24. License and R aQistration Applications for Renewal.
(a) A license or registration may be renewed unless it has been:
(1) expired for more than 30 days;
(2) revoked; or
(3) replaced by a higher class of license.
Texas Natural Resource Conservation Commission Page 6
Chapter 30 -Occupational Licenses and Registrations
(b) Applications for renewal must be made on a standard form provided by the executive
director.
(1) The executive director shall mail a renewal application at least 60 days before the
license or registration expires to the most recent address provided to the executive director. If a
person does not receive a renewal application, the person is not relieved of the responsibility to timely
submit a renewal application.
(2) The person is responsible for ensuring that the completed renewal application, the
renewal fee, and other required information aze submitted to the executive director by the expiration
date of the license or registration.
. (c) The continuing education used to renew a license must be earned after the issuance date
and before the expiration date of the license. Any remaining continuing education hours shall not be
carried over to the next renewal period.
(d) The executive director may renew a license or registration if the application is received by
the executive director or is postmarked within 30 days after the license expires, and the person meets
the requirements for renewal by the expiration date of the license or registration and pays all fees.
(e)~ An individual whose license renewal application is not received by the executive director
or is not postmarked within 30 days after the license expiration date must meet the current education,
training, and experience requirements, submit a new application with the appropriate fee, and pass the
examination. A person whose registration renewal. application is not received by the executive director
or is not postmarked within 30 days after the expiration date must submit~a new application with the
appropriate fee and meet all applicable requirements for a newregistration. ~~~` " -" ~ - -~
(f) The executive director may require specific training courses for renewal of a license on a
case by-case basis.
{g) All licensees must notify the executive director of any change in the previously submitted
application information within ten days from the date the change occurs.
(h) All registration holders must notify the executive director of any change in the previously
submitted application information within ten days after the month in which the change occurs.
(i} Licenses and registrations that have renewal cycles in transition shall follow the renewal
requirements in the applicable subchapter. '
{j) The executive director shall determine whether an applicant meets the renewal
requirements of this subchapter. If all requirements have been met, the executive director shall renew
the license or registration and send ii to the applicant within 45 days after the date the executive
director receives the renewal application.
{k) The license or registration shall be valid for the term specified.
Texas Natural Resource Conservation Commission Page 7
Chapter 30 -Occupational Licenses and Registrations
(1) If the application is denied because the applicant does not meet the requirements, the
executive director shall notify the applicant in writing within 45 days after the date the executive
director receives the renewal application.
(m) A person whose license or registration has expired may not engage in activiries that
require a license or registration until the license or registration is renewed or a new license or
registration has been obtained.
Adopted November 20, 2001 Effective December 17, 2001
§30.26. Recognition of Licenses from Out-of-State.
(a) Except for landscape irrigators and installers, the executive director may waive
qualifications, training, or examination for individuals with a good compliance history who hold a
current license from another state, territory, or country if that state, territory, or country has
requirements equivalent to those in this chapter.
(b) A license may be issued after review and approval of the application, receipt of the
appropriate fee, and verification of the license from the corresponding state, territory, or country.
(c) The executive director may waive any of the prerequisites for obtaining a landscape
irrigator or installer license, if the applicant is licensed as an irrigator in another jurisdiction that has a
reciprocity agreement with the State of Texas.
(d) The executive director may require the applicant to provide information about other
occupational licenses and registrations held by the person, including:
(1) the state in which the other license or registration was issued;
(2) the current status of the other license or registration; and
(3) whether the other license or registration was ever denied, suspended, revoked,
surrendered, or withdrawn.
Adopted November 20, 2001 Effective December 17, 2001
§30.28. Approval of Training.
(a) Training used to meet the requirements for obtaining or renewing a license must:
(1) provide the knowledge or skills needed to perform one or more of the occupation's
job tasks as determined by a job analysis or training needs assessment; and
(2) be approved by the executive director before the training begins.
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 8
(b) The executive director shall determine the number of hours of credit that shall be granted
for approved training.
(c) Training credit may be approved by the executive director for:
(1) attendance at training courses, events, and seminars;
training;
(2) completion of computer or web-based training, correspondence course, or similar
(3) association meetings, only when the meetings include training sessions containing
subject matter related to the particular license; or
(4) other professional activities, such as publication of articles or teaching training
courses.
(d) The executive director may rescind or deny training approval for good cause.
Adopted November 20,-2001 ~ Effective December 17, 2001
§30.30. Terms and Fees for Licenses and Registrations. .
(a) All licenses and registrations aze valid for two years from the date of issuance, with the
exception of the following licenses, which will be valid for three years: ~~ ~ - ~-
(1) backflow prevention assembly testers; ~ "
(2) customer service inspectors;
{3) Class A, B, C, III, and II wastewater operators;
(4) Class A, B, and C public water system operators;
(5) Class III, II, and I water treatment specialists; or
(6) municipal solid waste facility supervisors.
(b) The following licenses and registrations shall be transitioned from aone-year cycle to a
two-year cycle:
(1) landscape irrigator and installer, according to Subchapter D of this chapter
(relating to Landscape Irrigators and Installers); and
Texas Natural Resource Conservation Commission Page 9
Chapter 30 -Occupational Licenses and Registrations
(2) underground storage tank on-site supervisor and contractor, according to
Subchapter I of this chapter (relating to Underground Storage Tank Contractors and On-Site
Supervisor Licensing and Contractor Registration}.
(c) The license fee is $70 for atwo-year license and $105 for athree-year license. The
license fee for wastewater operators, public water system operators, and customer service inspectors
shall be based on $20 per year of the licensing term until January 1, 2003. The total amount shall be
paid with each initial and renewal application and is nonrefundable.
(d) Registration fees are established in the applicable subchapters of this chapter.
(e) A fee of $20 shall be charged for each copy of the license or registration, or to replace a
lost or damaged license or registration.
(f) A convenience fee may be set by the executive director or service provider for alternative
fee payment methods. A person using an alternative payment method is responsible for paying the
convenience fee.
(g) An examination or reexamination fee may be charged if the executive director designates
an entity to administer the examinations.
Adopted November 20, 2001
Effective December 17, 2001
§30.33. License or Registration Denial, Warning, Suspension, or Revocation.
(a) Denial. The executive director may deny an initial or renewal application for:
. (1) Insufficiency. The executive director shall notify the applicant of the executive
director's intent to deny the application and advise the applicant of the opportunity to file a motion for
reconsideration under §50.39 of this tide (relating to Motion for Reconsideration). The executive
director may determine an application is insufficient for the following reasons:
(A) failing to meet the licensing or registration requirements of this chapter;
(B) being in default on loans guaranteed by Texas Guaranteed Student Loan
Corporation (TGSLC) (the executive director shall proceed as described in Texas Education Code,
Chapter 57) if identified by TGSLC and the application is for a renewal license or registration; or
(C) if an out-of--state licensing program does not have requirements
substantially equivalent to those of this chapter;
(2) Cause. After notice and opportunity for a hearing, the commission may deny an
application far a license or registration by an applicant who:
(A) provides fraudulent information or falsifies the application;
Texas Natural Resource Conservation Commission Page 10
Chapter 30 -Occupational Licenses and Registrations
(B) has a poor compliance history as a licensee in another state; or
(C) has a history in this or another agency program of violations of statutes or
rules adopted under those statutes;
(D) makes an intentional misstatement or misrepresentation of fact in
information required to be maintained or submitted to the commission by the applicant;
(E) fails to keep and transmit records as required by a statue within the
commission's jurisdiction or a rule adopted under such a statute; or
(F) is indebted to the state for a fee, penalty, or tax imposed by a statute
within the commission's jurisdiction or a rule adopted under such a statute.
{b) Warning. If a person causes, contributes to, or allows a violation of this chapter, the
executive director may issue a warning letter. The letter shall be placed in the person's permanent file
maintained by the executive director. This letter shall be a warning that further violations or offenses
by~the person may be grounds for suspension, revocation, enforcement action, or some combination
thereof. A warning is not a prerequisite for initiation of suspension, revocation, or enforcement
proceedings. ~ ~ - . ~ _
(c) Suspension or revocation. After notice and opportunity for a hearing, the commission
may suspend or revoke a license or registration on any of the grounds in Texas Water Code,
§7.303(b). A license may also be suspended if a person is identified by the Office of the Attorney
General as being delinquent on child support payments (upon receipt of a final order suspending a
license or registration, the executive director shall proceed as described in Tcxas Family Code,
Chapter 232).
(d) A license or registration may be suspended for a period of up to one yeaz, depending upon
the seriousness of the violations. A license or registration shall be revoked automatically upon a
second suspension.
(e} The commission may revoke a license or registration for a designated term or
permanently. If a license or registration is revoked a second time, the revocation shall be permanent.
(f) The following procedures for renewal apply to persons who have had their license or
registration suspended.
{1) If a license or registration expiration date falls within the suspension period, a
person may renew the license or registration during the suspension period according to §30.24 of this
title {relating to License and Registration Applications for Renewal) and the applicable subchapters.
(2) After the suspension period has ended, the license or registration shall be
automatically reinstated unless the person failed to renew the license or registration during the
suspension period.
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 11
(g) Persons who have had their license or registration revoked shall not have their license or
registration automatically reinstated after the revocation period. After the revocation period has
ended, a person may apply for a new license or registration according to this chapter.
Adopted November 20, 2001
§30.3. Hearings.
Effective December 17, 2001
All heazings are to be conducted according to Chapters 70 and 80 of this bile (relating to
Enforcement and Contested Case Hearings).
Adopted November 20, 2001 ~ Effective December 17, 2001
TITLE 30
TEXAS ADMINISTRATIVE CODE
PART 1
CHAPTER 30
~~4$~~
SUBCHAPTER G: ON-SITE
SEWAGE FACILITIES
INSTALLERS,
APPRENTICES, DESIGNATED
REPRESENTATIVES,&
SITE EVALUATORS
_ ~:};_
~ ~ r r , .. .. •r ; .,'r'i:~. rt"-ice ~,~ f_~~`~.~Y`eA~+' :i , ..'i.

~~ ~~ -.
c
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 1
SUBCHAPTER G: ON-SITE SEWAGE FACILITIES INSTALLERS, APPRENTICES,
DESIGNATED REPRESENTATIVES, AND SITE EVALUATORS
§§30.231, 30.237, 30.240, 30.242, 30.244 - 30.246
Effective December 17, 2001
§30.231. Purpose and Applicability.
(a) The purpose of this subchapter is to establish qualifications for issuing and renewing
licenses for an individual who:
(1) constructs any part of an on-site sewage facility (OSSF);
(2) performs the duties of a designated representative;
(3) performs the duties of a site evaluator; or
(4) performs the duties of an apprentice.
(b) An individual who performs any of the tasks listed in subsection (a) of this section must
meet the qualifications of this subchapter and be licensed according to Subchapter A of this chapter
(relating to Administration of Occupational Licenses and Registrations}, unless exempt under §30.244
of this title (relating to Exemptions), and must comply with the requirements of Chapter 285 of this
title (relating to On-Site Sewage Facilities}.
(c) Licenses, registrations, and certificates of registrations issued prior to January 1, 2002,
remain in effect until they expire, or are replaced or revoked by the commission.
Adopted November 20, 2001
§30.237. Definitions.
Effective December 17, 2001
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Alter - To change an on-site sewage facility (OSSF) resulting in:
(A) an increase in the volume of permitted flow;
(B) a change in the nature of permitted influent;
(C) a change from the planning materials approved by the permitting
authority;
(D) a change in construction; or
Texas Natural Resource Conservation Commission page 2
Chapter 30 -Occupational Licenses and Registrations
(E) an increase, lengthening, or expansion of the treatment or disposal
system.
(2) Apprentice - An individual who has been properly registered with the executive
director according to this chapter, and is undertaking a training program under the direct supervision
of a licensed installer.
(3) Authorized agent - A local governmental entity that has been delegated the
authority by the executive director to implement and enforce the rules adopted under Texas Health and
Safety Code, Chapter 3b6.
(4) Construct - To engage in any activity related to the installation, alteration,
extension, or repair of an OSSF, including all activities from disturbing the soils through connecting
the system to the building or property served by the OSSF. Activities ielating to a site evaluation aze
not considered construction.
(5) Designated representative - An individual who holds a valid license issued by the
executive director according to this chapter, and who is designated by the authorized agent to review
permit applications, site evaluations, or planning materials, or conduct inspections on OSSFs.
. _ ~ (~ Extend-= To alter an OSSF resulting in an increase in capacity, lengthening, or
expansion of the existing treatment or disposal system.
(7) Install - To put in place or construct aay portion of an OSSF.
(S) Installer - An individual who is compensated by another to construct an OSSF.
(9) Repair - To replace any components of an OSSF in situations not included under
emergency repairs according to §28.35 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.
(10) Site evaluator - An individual who holds a valid license issued by the executive
director according to this chapter 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 OSSF. A professional engineer may perform site evaluations without
obtaining a site evaluator license.
Adopted November 20, 2001 Effective December 17, 2001
§30.240. Qualifications for Initial License.
(a) To obtain an Installer I license, an individual must have:
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 3
(1) met the requirements of Subchapter A of this chapter (relating to Administration
of Occupational Licenses and Registrations);
(2) completed the Installer I basic training course; and
(3) passed the I.nstallez I examination.
(b) To obtain an Installer II license, an individual must have:
(1) met the requirements of Subchapter A of this chapter;
(2} met one of the following requirements:
(A) held an Installer I license for at least one year;
(B) held an Installer I license for six months and possessed an apprentice
registration for at least one year before June 13, 2001;
(C) held an apprentice registration for at least two years; or
(D) previously possessed an Installer II license;
(3) completed the Installer II basic training course;
(4) passed the Installer II examination; and
(5) met the experience requirements. Applicants for an Installer II license must
submit statements attesting to the individual's work experience. Such statements shall include a
description of the type of on-site sewage facility (OSSF) work that was performed by the individual
and the physical addresses where the activity occurred. The experience shall be actual work
accomplished under the license or registration. The number of systems will not substitute for the time
required. Experience requirements are:
(A) verified experience as an Installer I. The individual shall submit either:
(i) sworn statements from at least three individuals for whom the
applicant performed construction services, statements cannot be provided by individuals related to the
applicant or applicant's spouse, such as a child, grandchild, parent, sister, brother, or grandparent;
(ii) a sworn statement from a designated representative who has
approved a minimum of three installations performed by the individual; or
(iii) other documentation of the individual's work experience,
approved by the executive director;
(B) verified experience as an apprentice. An individual shall submit either:
Texas Natural Resource Conservation Commission Page 4
Chapter 30 -Occupational Licenses and Registrations
(i) a sworn statement from the installer for whom the individual
performed construction services;
(ii) a sworn statement from a designated representative who witnessed
the individual working on at least six OSSF installations; or
by the executive director.
(iii) other documentation of the applicant's work experience, approved
(c) To obtain a designated representative license, an individual must have:
(1) met the requirements of Subchapter A of this chapter;
(2) completed the designated representative basic training course; and
(3} passed the designated representative examination.
(d) To obtain a site evaluator license, an individual must have:
(1) ~ met the requirements of Subchapter A of this chapter and §30.246 of this title
(relating to Application for Site Evaluator); and
(2) met the following requirements:
(A) complete the site evaluator basic training course;
(B) pass the site evaluator examination;
(C) possess a current Installer II license, designated representative license,
professional engineer license, professional sanitarian license, or a certified professional soil scientist
certificate; and
(D) have at least two years of verified experience as an Installer II, designated
representative, professional engineer, certified professional soil scientist, or professional sanitarian.
Applicants for a site evaluator license must submit statements attesting to the individual's OSSF work
experience. The statements shall include a description of the type of OSSF work that was performed
by the individual and the physical addresses where the activity occurred or for where the activity was
proposed. The experience shall be actual work accomplished under the license specified in
subparagraph (C) of this paragraph during the time frames required. The number of systems will not
substitute for the time required. The statements must be:
(i) sworn statements from at least six individuals for whom the
applicant performed OSSF services. Statements cannot be provided by individuals related to the
applicant or applicant's spouse, such as a child, grandchild, parent, sister, brother, or grandparent;
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 5
(ii) a sworn statement from a designated representative who has
approved a minimum of six installations performed by the individual, reviewed six site evaluations
performed by the individual before September 1, 2002, or approved six sets of planning materials
submitted by the individual; or
(iii) other documentation of the individual's work experience,
approved by the executive director.
Adopted November 20, 2001
§30.242. Qualifications for License Renewal.
Effective December 17, 2001
. (a) To renew an Installer I, Installer II, or designated representative license, issued after
January 1, 2002, an individual must have:
(1) met the requirements in Subchapter A of this Chapter (relating to Administration
of Occupational Licenses and Registrations); and
(2) completed a minimum of 16 hours of approved continuing education.
(b) In addition to the requirements in subsection (a) of this section, an individual renewing a
license for site evaluator shall demonstrate possession of the current license specified in
§30.240(d)(4)(C) of this title (relating to Qualifications for Initial License).
Adopted November 20, 2001
§30.244. Exemptions.
Effective December 17, 2001
(a) The individual owner of a single family dwelling is not required to be a licensed installer
in order to install or repair an on-site sewage facility (OSSF) on the owner's property. This provision
does not apply to developers or to those that develop property for sale or lease. If the owner
compensates a person to construct any portion of an OSSF, the individual performing the work must
be a licensed installer. The owner muse meet all permitting, construction, and maintenance
requirements of the permitting authority. The owner must have the site evaluation performed by an
individual who possesses either a current site evaluator or a professional engineer license.
(b) A licensed electrician who installs the electrical components, or a person who delivers a
treatment or pump tank and sets the tank or tanks into an excavation, is not required to have an
installer license.
(c) An individual holding a current professional engineer license is not required to possess a
site evaluator license.
Adopted November 20, 2001 Effective December 17, 2001
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
§30.245. Registration of Apprentices.
Page 6
(a) General. An individual who begins an apprentice program under the supervision of a
licensed installer shall be registered with the executive duector.
(b) Application. The completed application and a $SO fee must be submitted to the executive
dtrector by a licensed installer for each individual being registered as an apprentice under that
installer's supervision. The application shall be on a form approved by the executive director.
(c) Notification. Within 45 days after the date the executive director receives the application,
the executive duector will notify the supervising installer in writing of whether the individual has been
registered as an apprentice. The apprentice's registration will be effective when the executive director
receives the completed apprentice application and fee. An individual's application may be denied
according to §30.33 of this title (relating to License or Registration Denial, Warning, Suspension, or
Revocation).
(d) Expiration or termination. The apprentice registration will expire on the same date as the
supervising installer's license. Either the supervising installer or the apprentice may terminate the
apprentice training program by providing written notice to the executive director. No reason for
termination is required.. Upon receipt of a letter stating that the apprentice training has been
terminated, the executive director shall terminate the apprentice's registration under the supervising
installer.
(e) Renewal. It is the responsibility of the supervising installer to renew all of the
registrations of his apprentices. If an apprentice registration is renewed late, the apprentice will be
assigned a new registration date, but will not lose any experience gained under the previous
registration.
Adopted November 20, 2001
Effective December 17, 2001
§30.246. Application for Site Evaluator.
(a) The executive director shall mail an application to the most recent address provided to the
executive director at least 60 days before September 1, 2002, to:
(1) all individuals who have previously held a site evaluator license; and
(2) all individuals who have previously taken the site evaluator basic training course
and passed the site evaluator examination, but did not hold a site evaluator license.
(b) An individual who previously held a site evaluator license shall submit the application,
application fee, and documentation of a current license specified in §30.240(d)(2)(C) of this title
(relating to Qualifications for Initial License). The application shall be processed as follows.
Texas Natural Resource Conservation Commission page '7
Chapter 30 -Occupational Licenses and Registrations
(1) Licenses with odd license numbers shall be for a term of one year or less and shall
have an expiration date of the lase day of the month the license was first issued. The application fee
shall be prorated if the term is less than one year.
(A) To renew at the time of the first renewal, the individual must have:
(i) met the requirements of Subchapter A of this chapter (relating to
Administration of Occupational Licenses and Registrations);
(ii) demonstrated completion of at least eight hours of approved
continuing education training; and
§30.240(d)(4)(C) of this title.
(iii) demonstrated possession of a current license as required in
(B) If the individual meets the requirements in subparagraph (A) of this
paragraph, the license will be renewed for two years according to the requirements of §30.242 of this
title (relating to Qualifications for License Renewal).
(2) Licenses with even license numbers shall be for a term of up to two years, but
more than one year, and shall have an expiration date of the last day of the month of the first issue
date. The application fee shall be prorated if the term is less than two years. At each subsequent
renewal, the individual must meet the requirements in §30.242 of this title.
(c) An individual who has previously taken the site evaluator basic training course and passed
the site evaluator examination, but did not hold a site evaluator license, shall submit the application,
the required statements for experience, the application fee, and must hold the current license specified
in §30.240(d)(2)(C) of this title.
(1) If the individual meets the qualifications of F30.240(d)(4) of this title, the license
will be issued for a term of up to two years, but more than one year, and shall have an expiration date
of the last day of the month of the date the site evaluator examination was passed.
(2) The application fee shall be prorated if the term is less than two years.
(3) The license shall be renewed for two years according to the requirements in
§30.242 of this title.
(d) An individual who begins the process to become eligible for a site evaluator license afrer
September 1, 2002, shall meet the requirements of §30.240(d)(2) of this title.
Texas Natural Resource Conservation Commission
Chapter 30 -Occupational Licenses and Registrations
Page 8
(e} An individual holding a current professional engineer license is not required to possess a
site evaluator license to perform site evaluations. However, ~an individual who holds a current
professional engineer license may obtain a site evaluator license by complying with the requirements in
this subchapter.
Adopted November 20, 2001 Effective December 17, 2001