1. (a) An alternative collection system service agreement must be executed between a collection system owner and a property owner that allows for the placement and maintenance of system components located on private property.
2. (b) The on-site components may be owned by the property owner or the collection system owner. An alternative collection system service agreement must specify which entity is responsible for the proper construction and competent maintenance of the on-site components.
3. (c) A collection system owner shall submit an alternative collection system service agreement to the executive director with the summary transmittal letter required in §217.6(a) of this title (relating to Submittal Requirements and Review Process).

4. (d) An alternative collection system service agreement must include the following provisions.

   1. (1) Any existing alternative collection system component or building lateral that is to be incorporated into a new, expanded or materially altered system must be cleaned, inspected, tested, repaired, modified, or replaced, as necessary, to the satisfaction of a collection system owner before connection of the component to the collection system.
   2. (2) A collection system owner shall approve all materials and equipment before incorporating the materials and equipment into any construction or repair of an alternative collection system component.
   3. (3) A collection system owner shall have an engineer inspect and approve the installation of all alternative collection system components before placing the system into service.
   4. (4) A collection system owner shall have access at all reasonable times to inspect on-site alternative collection system components.
   5. (5) A 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 utility-owned on-site collection system components. The cost of any such repair or maintenance may be charged to the owner of the property, as determined in the service agreement.
   6. (6) For an alternative collection system design with any component that uses power, the service agreement must state which entity, the property owner or the collection system owner, is responsible for power costs.

   7. (7) The ownership and responsibility for the operation and maintenance of an alternative collection system must be agreed to by the collection system owner and the property owner.

      1. (A) An agreement must provide:

         1. (i) to whom the cost of any repair or maintenance will be charged;
         2. (ii) a means to determine the cost of any repair or maintenance;
         3. (iii) a schedule of payment; and
         4. (iv) a methodology to recover costs.

      2. (B) An agreement must grant the collection system owner:

         1. (i) a right to inspect and approve the installation of any pre-treatment unit;
         2. (ii) access for inspection and maintenance; and
         3. (iii) a right to make an emergency repair or perform emergency maintenance when required to protect the integrity or operation of the alternative collection system.
   8. (8) Any on-site component owned by the collection system owner must have an upstream isolation valve.
   9. (9) Any on-site component owned by the owner of the property serviced by a collection system must have a service isolation valve located on a service pipe from an on-site component to the collection system.
   10. (10) A service isolation valve must be accessible at all times through an easement granted by the property owner to the collection system owner.
   11. (11) A collection system owner shall have the ability to collect, transport, and dispose of any residual material.

Source Note:The provisions of this §217.95 adopted to be effective August 28, 2008, 33 TexReg 6843.