1. (a) A wastewater treatment facility must be completely enclosed by an intruder-resistant fence.

   1. (1) The intruder resistant fence must have a locked gate at each access point.
   2. (2) The intruder-resistant fence must be at least 6.0 feet tall, and the bottom of the fence must be close enough to surface grade to prevent human access.
   3. (3) The intruder-resistant fence must be constructed of wood, concrete, masonry, or metal. Other materials may be used, but only if approved in writing by the executive director.
   4. (4) The top of the intruder-resistant fence must have at least three strands of barbed wire. A fence that is at least 8.0 feet tall does not require barbed wire. The top of an intruder-resistant fence may have outwardly-directed iron bars spaced on four-inch centers instead of barbed wire.
   5. (5) A five-strand barbed wire fence may be used in a rural area for fencing lagoons or overland-flow plots, but only if approved in writing by the executive director.
2. (b) A wastewater treatment facility must have hazard signs on the outward facing side of the fence, stating "DANGER - NO TRESPASSING" in English and Spanish. At least one clearly visible and legible hazard sign must be placed on each gate and each side fence.
3. (c) A wastewater treatment facility must be accessible by truck during all weather conditions, including a 25-year, 24-hour rainfall event, and must have at least one all-weather access road with the driving surface situated above the 100-year flood plain.

Source Note:The provisions of this §217.328 adopted to be effective August 28, 2008, 33 TexReg 6843; amended to be effective December 4, 2015, 40 TexReg 8254.