Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 217 - DESIGN CRITERIA FOR DOMESTIC WASTEWATER SYSTEMS › Subchapter D - ALTERNATIVE COLLECTION SYSTEMS › Section 217.95 - Alternative Collection System Service Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) An alternative collection system service
				  agreement must be executed between the alternative collection system owner and
				  each real property owner served by the alternative collection system. The
				  service agreement must authorize the collection system owner to place and
				  maintain alternative collection system components on the real property owner's
				  property.
(b) An alternative
				  collection system service agreement must identify the owner of the on-site
				  components and specify the responsible party for the construction and
				  maintenance of the on-site components.
(c) An alternative collection system owner
				  shall submit a copy of the alternative collection system service agreement to
				  the executive director with the summary transmittal letter required in §
										217.6
				  of this title (relating to Submittal Requirements and Review Process), for the
				  executive director to review.
(d)
				  An alternative collection system service agreement must include:
(1) a requirement that the alternative
				  collection system owner shall ensure that all existing alternative collection
				  system components and building laterals that will be incorporated into a new or
				  altered alternative collection system must be cleaned, inspected, tested,
				  maintained, altered, or replaced, as necessary, to the satisfaction of the
				  collection system owner before connecting the alternative collection system
				  component to the collection system;
(2) a requirement that the alternative
				  collection system owner shall approve all materials and equipment before
				  incorporating the materials and equipment into any construction or maintenance
				  of an alternative collection system component;
(3) a requirement that the alternative
				  collection system owner shall have an engineer inspect and approve the
				  installation of all new or replacement alternative collection system components
				  before placing the system into service;
(4) a provision that the alternative
				  collection system owner shall have access at all reasonable times to inspect
				  on-site alternative collection system components;
(5) a provision that the alternative
				  collection system owner has the right to make an emergency repair and perform
				  emergency maintenance to any alternative collection system component, including
				  building laterals and on-site collection system components;
(6) a statement of whether the alternative
				  collection system owner or the property owner is responsible for non-emergency
				  maintenance of on-site components;
(7) a statement of whether the alternative
				  collection system owner or the property owner is responsible for paying
				  maintenance costs for on-site components, or how the costs to each party will
				  be determined if responsibility is shared;
(8) a statement of whether the collection
				  system owner or the property owner is responsible for paying the electrical
				  power cost of operating an on-site component, or how the costs to each party
				  will be determined if responsibility is shared;
(9) a payment method, including a payment
				  schedule, for the alternative collection system owner to recover costs paid by
				  the alternative collection system owner that the property owner is responsible
				  for paying;
(10) a payment method,
				  including a payment schedule, for the property owner to recover costs paid by
				  the property owner that the alternative collection system is responsible for
				  paying;
(11) a provision that
				  authorizes the alternative collection system owner to inspect and approve
				  pretreatment units before installation;
(12) a requirement that an on-site component
				  owned by the alternative collection system owner must have an upstream
				  isolation valve;
(13) a requirement
				  that an on-site component must have a service isolation valve located
				  downstream on a service pipe from an on-site component to the collection
				  system;
(14) a provision that
				  service isolation valves must be accessible to the alternative collection
				  system owner at all times, through an easement or other legal agreement or
				  contract between the property owner and the alternative collection system
				  owner; and
(15) a provision that
				  the alternative collection system owner shall have the ability to collect,
				  transport, and dispose of any residual material.