reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter B - LOCAL ADMINISTRATION OF THE OSSF PROGRAM › Section 285.13 - Revocation of Authorized Agent Delegation

Current through Reg. 49, No. 28; July 12, 2024
(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;
				  and
(2) prepare a letter
				  documenting the meeting in paragraph (1) of this subsection and forward it to
				  the authorized agent within ten days after the meeting.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter B - LOCAL ADMINISTRATION OF THE OSSF PROGRAM › Section 285.14 - Charge-back Fee

Current through Reg. 49, No. 28; July 12, 2024
(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				  repealed an on-site sewage facility (OSSF) order, ordinance, or resolution, or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-back fee 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 jurisdiction. The executive director's actual cost will be based on the
				  type and number of OSSFs typically installed and inspected in the local
				  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 fee. 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 jurisdiction;
(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) the current mileage rate set by the
				  Comptroller of the State of Texas; and
(E) the amount of the charge-back
				  fee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter C - COMMISSION ADMINISTRATION OF THE OSSF PROGRAM IN AREAS WHERE NO AUTHORIZED AGENT EXISTS › Section 285.20 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter C - COMMISSION ADMINISTRATION OF THE OSSF PROGRAM IN AREAS WHERE NO AUTHORIZED AGENT EXISTS › Section 285.21 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The application
				  fee for an on-site sewage facility (OSSF) permit is:
(1) $200 for an OSSF serving a single family
				  dwelling; or
(2) $400 for all other
				  types of OSSFs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.30 - Site Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(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
				  the site evaluation criteria in subsection (b) of this section shall be
				  submitted with the planning materials.
(b) Site evaluation 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 site 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 backhoe 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 backhoe pits. The
				  borings or backhoe pits shall either be excavated to a depth of two feet below
				  the adopted excavation of the disposal area, or to a restrictive horizon,
				  whichever is less. The location of all borings or backhoe pits shall be clearly
				  indicated on the site drawing required in §
											285.5(a)
				  of this title (relating to Submittal Requirements for Planning Materials).
(A) Soil texture analysis. A general texture
				  analysis shall be performed to identify 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 equal 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
				  soils.
(v) Soil Class IV. This
				  class includes silty clay and clay soils.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.31 - Selection Criteria for Treatment and Disposal Systems

Current through Reg. 49, No. 28; July 12, 2024
(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 standard 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 a non-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 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 requirements. The
				  OSSF shall be located so that a flood will not damage the OSSF during a flood
				  event, resulting in contamination of the environment. Planning 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.32 - Criteria for Sewage Treatment Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Pipe from building to treatment system.
(1) The pipe from the sewer stub out to the
				  treatment system shall be constructed of cast iron, ductile iron, polyvinyl
				  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 1/8 inch fall per foot of pipe.
(4) The sewer stub out should be as shallow
				  as possible 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 on this section of the
				  sewer. An additional cleanout plug shall be provided every 100 feet on long
				  runs of pipe and within five feet of 90 degree bends.
(6) Additional cleanout plugs shall be of the
				  single sanitary type.
(7) The pipe
				  shall have a minimum inside diameter of three inches.
(8) Pipe that crosses drainage easements
				  shall be sleeved with American Society for Testing and Materials (ASTM)
				  Schedule 40 pipe; the pipes shall be buried at least one foot below the
				  surface, or buried less than one foot and encased in concrete; the outside pipe
				  shall have locater tape attached to the pipe; and markers shall be placed at
				  the easement boundaries to indicate the location of the pipe crossing.
				  Crossings shall be designed and constructed in a manner that protects the pipe
				  and the drainage way from erosion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.33 - Criteria for Effluent Disposal Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements.
(1) All disposal systems in this section
				  shall have an approved treatment 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 stiffness at a 5%
				  deflection. The pipe must maintain a continuous fall to the disposal
				  system.
(4) The pipe from the final
				  treatment tank to a gravity disposal system shall be a minimum of five feet in
				  length.
(5) Except for drip
				  irrigation tubing, pipe under internal pressure within any part of an on-site
				  sewage facility system shall meet the minimum requirements of ASTM Schedule
				  40.
(6) Pipe that crosses drainage
				  easements shall be sleeved with ASTM Schedule 40 pipe; the pipes shall be
				  buried at least one foot below the surface, or buried less than one foot and
				  encased in concrete; the outside pipe shall have locater tape attached to the
				  pipe; and markers shall be placed at the easement boundaries to indicate the
				  location of the pipe crossing. Crossings shall be designed and constructed in a
				  manner that protects the pipe and the drainage way from erosion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.35 - Emergency Repairs

Current through Reg. 49, No. 28; July 12, 2024
(a) An emergency
				  repair may be made to an on-site sewage facility (OSSF) providing that the
				  repair:
(1) is made for the abatement of an
				  immediate, serious and dangerous health hazard; and
(2) does not constitute an alteration of that
				  OSSF system's planning materials and function.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.36 - Abandoned Tanks, Boreholes, Cesspools, and Seepage Pits

Current through Reg. 49, No. 28; July 12, 2024
(a) A tank that is not to be used again for
				  holding sewage shall be abandoned.
(b) To properly 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 in diameter) which is
				  free of organic and construction debris.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.37 - On-Site Sewage Facilities and Water Treatment Equipment and Appliances

Current through Reg. 49, No. 28; July 12, 2024
(a) Water treatment
				  equipment is defined as an appliance, which includes water softeners and
				  reverse osmosis systems, used to:
(1) alter
				  the mineral content of water;
(2)
				  alter the microbiological content of water;
(3) alter other substances found in water;
				  or
(4) purify water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.38 - Prevention of Unauthorized Access to On-Site Sewage Facilities (OSSFs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) The construction criteria under this
				  subsection applies to:
(A) pretreatment
				  (trash) tanks referenced in §
												285.32(b)(1)(G)
				  of this title (relating to Criteria for Sewage Treatment Systems);
(B) proprietary treatment units referenced in
				  §
												285.32(c) of this
				  title;
(C) non-standard treatment
				  units referenced in §
												285.32(d) of this
				  title;
(D) pump tanks referenced in
				  §
												285.34(b) of this
				  title (relating to Other Requirements);
(E) holding tanks referenced in §
												285.34(e) of this
				  title; and
(F) septic tanks
				  referenced in §
												285.32(b)(1) of
				  this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter D - PLANNING, CONSTRUCTION, AND INSTALLATION STANDARDS FOR OSSFS › Section 285.39 - On-Site Sewage Facilities Maintenance and Management Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) An installer
				  shall provide the owner of an on-site sewage facility (OSSF) with written
				  information regarding maintenance and management practices and water
				  conservation measures related to the OSSF 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 treatment or disposal
				  systems.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter E - SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE EDWARDS AQUIFER RECHARGE ZONE › Section 285.40 - OSSFs on the Recharge Zone of the Edwards Aquifer

Current through Reg. 49, No. 28; July 12, 2024
(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. All 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 recharge zone on which OSSFs are 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter E - SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE EDWARDS AQUIFER RECHARGE ZONE › Section 285.41 - Edwards Aquifer Protection Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  Edwards Aquifer protection plan as defined in Chapter 213 of this title
				  (relating to Edwards Aquifer) shall be approved by the appropriate regional
				  office before an authorization to construct may be 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 §
										285.40(f)
				  of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer)
				  shall include the separation distance requirements to any 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 §
										213.5(b)(4)(F)(ii)
				  of this title (relating to Required Edwards Aquifer Protection Plans,
				  Notification, and Exemptions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter E - SPECIAL REQUIREMENTS FOR OSSFS LOCATED IN THE EDWARDS AQUIFER RECHARGE ZONE › Section 285.42 - Other Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) If any
				  recharge feature is discovered during construction of an OSSF, all regulated
				  activities near the 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 until 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 75
				  feet from the banks of the Nueces, Dry Frio, Frio, or Sabinal Rivers downstream
				  from the northern Uvalde county line to the recharge zone.
(c) Additional requirements may apply as
				  required by the permitting authority's order, ordinance, or
				  resolution.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter F - LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, MAINTENANCE PROVIDERS, AND MAINTENANCE TECHNICIANS › Section 285.50 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  procedures for issuing licenses and registrations for on-site sewage facilities
				  (OSSF) installers, designated representatives, apprentices, site evaluators,
				  maintenance providers, and maintenance technicians 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 installer or registered
				  apprentice.
(c) Any individual who
				  performs the duties of a designated representative under §
										285.62
				  of this title (relating to Duties and Responsibilities of Designated
				  Representatives) on behalf of the 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, appointed, 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 of Registered
				  Apprentices) must hold a current apprentice registration under a licensed
				  installer.
(e) Any individual,
				  other than a professional engineer, who performs the duties of a site evaluator
				  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
				  evaluator 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 provider or maintenance technician;
(4) work as a site evaluator; or
(5) perform any other 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter F - LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, MAINTENANCE PROVIDERS, AND MAINTENANCE TECHNICIANS › Section 285.60 - Duties and Responsibilities of Site Evaluators

Current through Reg. 49, No. 28; July 12, 2024
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 any other
				  documentation;
(4) maintain a
				  current professional engineer license, professional sanitarian license,
				  professional geoscientist license or certified professional soil scientist
				  certificate, in addition to the site evaluator license if the site evaluator
				  license was granted on the basis of holding one of the licenses listed in this
				  section;
(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 an on-site sewage facility (OSSF); and
(6) maintain 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter F - LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, MAINTENANCE PROVIDERS, AND MAINTENANCE TECHNICIANS › Section 285.61 - Duties and Responsibilities of Installers

Current through Reg. 49, No. 28; July 12, 2024
An installer shall:
(1) possess a current Installer I or
				  Installer II license before beginning construction of an on-site sewage
				  facility (OSSF);
(2) record the
				  installer's 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 OSSF 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 the installer plans to begin the construction of
				  an OSSF, unless a permit is not required;
(6) construct an OSSF to meet the minimum
				  criteria required by this chapter or the more stringent requirements of the
				  permitting authority;
(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 return 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 work 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 altering components of, an OSSF after the final
				  inspection;
(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) maintain 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;
				  and
(15) make all OSSF repairs in
				  accordance with the approved planning materials and this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter F - LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, MAINTENANCE PROVIDERS, AND MAINTENANCE TECHNICIANS › Section 285.63 - Duties and Responsibilities of Registered Apprentices

Current through Reg. 49, No. 28; July 12, 2024
(a) An apprentice shall:
(1) possess a current registration from the
				  executive director;
(2) represent
				  his supervising installer during construction at the site;
(3) perform services associated with on-site
				  sewage facility (OSSF) construction under the direct supervision and direction
				  of the installer on-site or be in direct communication with the
				  installer;
(4) refrain from
				  receiving compensation for an OSSF installation from anyone except the
				  supervising installer; and
(5)
				  maintain 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter F - LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, MAINTENANCE PROVIDERS, AND MAINTENANCE TECHNICIANS › Section 285.64 - Duties and Responsibilities of Maintenance Providers and Maintenance Technicians

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  maintenance provider shall:
(1) possess a
				  current license from the executive director;
(2) ensure maintenance of accurate records of
				  fees, inspections, and reports;
(3)
				  satisfy the requirements of the maintenance contract between the homeowner of
				  the OSSF system and the maintenance provider according to §
											285.7 of this title (relating to
				  Maintenance Requirements);
(4)
				  maintain a current address and phone number with the executive director and
				  submit any change in address or phone number to the executive director in
				  writing within 30 days after the date of the change; and
(5) perform maintenance on each OSSF system
				  under executed contract, keep a maintenance record, and submit maintenance
				  reports to the permitting authority and the owner of the OSSF with whom the
				  maintenance provider is contracted to provide maintenance, according to §
											285.7 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter F - LICENSING AND REGISTRATION REQUIREMENTS FOR INSTALLERS, APPRENTICES, DESIGNATED REPRESENTATIVES, SITE EVALUATORS, MAINTENANCE PROVIDERS, AND MAINTENANCE TECHNICIANS › Section 285.65 - Suspension or Revocation of License or Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Suspension. In addition to the grounds
				  listed in Texas Water Code, §
										7.303,
				  the commission may suspend an OSSF installer's license, a designated
				  representative's license, a site evaluator's license, an apprentice's
				  registration, a maintenance provider's license, or a maintenance technician's
				  registration for violation of duties and responsibilities listed in this
				  subchapter, as recommended by the executive director. Additional grounds for
				  suspension of these licenses and registrations include (and are not limited to)
				  the following reasons.
(1) A maintenance
				  provider's license can be suspended for:
(A)
				  failing to perform required maintenance on an OSSF for at least eight
				  consecutive months (the failure to maintain records is evidence of failure to
				  perform maintenance on the OSSF);
(B) 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter G - OSSF ENFORCEMENT › Section 285.70 - Duties of Owners With Malfunctioning OSSFs

Current through Reg. 49, No. 28; July 12, 2024
(a) If the executive director or the
				  authorized agent determines that an on-site sewage facility (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
				  30th 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter G - OSSF ENFORCEMENT › Section 285.71 - Authorized Agent Enforcement of OSSFs

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints. The authorized agent shall
				  investigate a complaint regarding an on-site sewage facility (OSSF) within 30
				  days after receipt of the complaint, 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 Health and Safety Code,
				  Chapters 341 and 366. This may include complaints against:
(1) registered apprentices, maintenance
				  technicians, licensed installers, site evaluators, maintenance providers, and
				  designated representatives;
(2)
				  individuals performing the duties listed above not holding a current commission
				  license or registration or failing to maintain a license or registration,
				  including professional engineers and professional sanitarians;
(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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter I - APPENDICES › Section 285.90 - Figures

Current through Reg. 49, No. 28; July 12, 2024
The following figures are necessary for the proper
					 location, planning, construction, and installation of an on-site sewage
					 facility (OSSF).
(1) Figure 1. Maximum
				  Application Rates for Surface Application of Treated Effluent in Texas.
Attached
					 Graphic
(2)
				  Figure 2. Model Affidavit to the Public.
Attached
					 Graphic
(3)
				  Figure 3. Sample Testing and Reporting Record.
Attached
					 Graphic
(4)
				  Figure 4. Typical Drainfields - Sectional View.
Attached
					 Graphic
(5)
				  Figure 5. Typical Drainfields.
Attached
					 Graphic
(6)
				  Figure 6. Two Compartment Septic Tank.
Attached
					 Graphic
(7)
				  Figure 7. Two Septic Tanks in Series.
Attached
					 Graphic
(8)
				  Figure 8. Intermittent Sand Filters.
Attached
					 Graphic
(9)
				  Figure 9. Intermittent Sand Filter Underdrain and Pumpwell.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 285 - ON-SITE SEWAGE FACILITIES › Subchapter I - APPENDICES › Section 285.91 - Tables

Current through Reg. 49, No. 28; July 12, 2024
The following tables are necessary for the proper location,
					 planning, construction, and installation of an on-site sewage facility
					 (OSSF).
(1) Table I. Effluent Loading
				  Requirements Based on Soil Classification.
Attached
					 Graphic
(2) Table
				  II. Septic Tank and Aerobic Treatment Unit Sizing.
Attached
					 Graphic
(3) Table
				  III. Wastewater Usage Rate.
Attached
					 Graphic
(4) Table
				  IV. Required Testing and Reporting.
Attached
					 Graphic
(5) Table
				  V. Criteria for Standard Subsurface Absorption Systems.
Attached
					 Graphic
(6) Table
				  VI. USDA Soil Textural Classifications.
Attached
					 Graphic
(7) Table
				  VII. Yearly Average Net Evaporation (Evaporation-Rainfall).
Attached
					 Graphic
(8) Table
				  VIII. OSSF Excavation Length (3 Feet in Width or Less).
Attached
					 Graphic
(9) Table
				  IX. OSSF System Designation.
Attached
					 Graphic
(10)
				  Table X. Minimum Required Separation Distances for On-Site Sewage Facilities.
Attached
					 Graphic
(11)
				  Table XI. Intermittent Sand Filter Media Specifications (ASTM C-33).
Attached
					 Graphic
(12)
				  Table XII. OSSF Maintenance Contracts, Affidavit, and Testing/Reporting
				  Requirements.
Attached
					 Graphic
(13)
				  Table XIII. Disposal and Treatment Selection Criteria.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 288 - WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS › Subchapter A - WATER CONSERVATION PLANS › Section 288.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Agricultural or
				  Agriculture--Any of the following activities:
(A) cultivating the soil to produce crops for
				  human food, animal feed, or planting seed or for the production of
				  fibers;
(B) the practice of
				  floriculture, viticulture, silviculture, and horticulture, including the
				  cultivation of plants in containers or non-soil media by a nursery
				  grower;
(C) raising, feeding, or
				  keeping animals for breeding purposes or for the production of food or fiber,
				  leather, pelts, or other tangible products having a commercial value;
(D) raising or keeping equine
				  animals;
(E) wildlife management;
				  and
(F) planting cover crops,
				  including cover crops cultivated for transplantation, or leaving land idle for
				  the purpose of participating in any governmental program or normal crop or
				  livestock rotation procedure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 288 - WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS › Subchapter A - WATER CONSERVATION PLANS › Section 288.3 - Water Conservation Plans for Industrial or Mining Use

Current through Reg. 49, No. 28; July 12, 2024
(a) A water
				  conservation plan for industrial or mining uses of water must provide
				  information in response to each of the following elements. If the plan does not
				  provide information for each requirement, the industrial or mining water user
				  shall include in the plan an explanation of why the requirement is not
				  applicable.
(1) a description of the use of
				  the water in the production process, including how the water is diverted and
				  transported from the source(s) of supply, how the water is utilized in the
				  production process, and the estimated quantity of water consumed in the
				  production process and therefore unavailable for reuse, discharge, or other
				  means of disposal;
(2) specific,
				  quantified five-year and ten-year targets for water savings and the basis for
				  the development of such goals. The goals established by industrial or mining
				  water users under this paragraph are not enforceable;
(3) a description of the device(s) and/or
				  method(s) within an accuracy of plus or minus 5.0% to be used in order to
				  measure and account for the amount of water diverted from the source of
				  supply;
(4) leak-detection, repair,
				  and accounting for water loss in the water distribution system;
(5) application of state-of-the-art equipment
				  and/or process modifications to improve water use efficiency; and
(6) any other water conservation practice,
				  method, or technique which the user shows to be appropriate for achieving the
				  stated goal or goals of the water conservation plan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 288 - WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS › Subchapter A - WATER CONSERVATION PLANS › Section 288.4 - Water Conservation Plans for Agricultural Use

Current through Reg. 49, No. 28; July 12, 2024
(a) A water conservation plan for
				  agricultural use of water must provide information in response to the following
				  subsections. If the plan does not provide information for each requirement, the
				  agricultural water user must include in the plan an explanation of why the
				  requirement is not applicable.
(1) For an
				  individual agricultural user other than irrigation:
(A) a description of the use of the water in
				  the production process, including how the water is diverted and transported
				  from the source(s) of supply, how the water is utilized in the production
				  process, and the estimated quantity of water consumed in the production process
				  and therefore unavailable for reuse, discharge, or other means of
				  disposal;
(B) specific, quantified
				  five-year and ten-year targets for water savings and the basis for the
				  development of such goals. The goals established by agricultural water users
				  under this subparagraph are not enforceable;
(C) a description of the device(s) and/or
				  method(s) within an accuracy of plus or minus 5.0% to be used in order to
				  measure and account for the amount of water diverted from the source of
				  supply;
(D) leak-detection, repair,
				  and accounting for water loss in the water distribution system;
(E) application of state-of-the-art equipment
				  and/or process modifications to improve water use efficiency; and
(F) any other water conservation practice,
				  method, or technique which the user shows to be appropriate for achieving the
				  stated goal or goals of the water conservation plan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 288 - WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS › Subchapter A - WATER CONSERVATION PLANS › Section 288.6 - Water Conservation Plans for Any Other Purpose or Use

Current through Reg. 49, No. 28; July 12, 2024
A water conservation plan for any other purpose or use not
					 covered in this subchapter shall provide information where applicable about
					 those practices, techniques, and technologies that will be used to reduce the
					 consumption of water, prevent or reduce the loss or waste of water, maintain or
					 improve the efficiency in the use of water, increase the recycling and reuse of
					 water, or prevent the pollution of water.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 288 - WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS › Subchapter A - WATER CONSERVATION PLANS › Section 288.7 - Plans Submitted with a Water Right Application for New or Additional State Water

Current through Reg. 49, No. 28; July 12, 2024
(a) A water
				  conservation plan submitted with an application for a new or additional
				  appropriation of water must include data and information which:
(1) supports the applicant's proposed use of
				  water with consideration of the water conservation goals of the water
				  conservation plan;
(2) evaluates
				  conservation as an alternative to the proposed appropriation; and
(3) evaluates any other feasible alternative
				  to new water development including, but not limited to, waste prevention,
				  recycling and reuse, water transfer and marketing, regionalization, and optimum
				  water management practices and procedures.