The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Abandoned tank - A tank that is not to be used or is not allowed to be used by a permitting authority.
2. (2) Aerobic digestion - The bacterial decomposition and stabilization of sewage in the presence of free oxygen.
3. (3) Anaerobic digestion - The bacterial decomposition and stabilization of sewage in the absence of free oxygen.
4. (4) Apprentice - An individual who has been properly registered with the agency, and is undertaking a training program under the supervision of an installer (holding a valid certificate under this chapter) who has agreed to accept responsibility for the individual.
5. (5) Authorized agent - A local governmental entity authorized by the commission, executive director or Chapter 284 of this title (relating to Private Sewage Facilities) to implement and enforce Chapter 366, Texas Health and Safety Code.
6. (6) Bedrock - A continuous horizontal layer of hardened mineral deposits that do not support growth of common plant life.
7. (7) Blackwater - All sewage other than greywater that contains sufficient human or animal wastes to require the water to be treated prior to disposal to the earth's surface or subsurface.
8. (8) Borehole - A drilled hole four feet or greater in depth and one to three feet in diameter.
9. (9) Certificate or certification - The actual certificate of registration held by an individual required to obtain such under this chapter or the process of obtaining a certificate of registration from the agency.
10. (10) Cesspool - A non-watertight, covered receptacle intended for the receipt and partial treatment of domestic sewage. This device is constructed such that its sidewalls and bottom are open-jointed to allow the gradual discharge of liquids while retaining the solids for anaerobic decomposition.
11. (11) Chemical - A substance that in sufficient quantity could have a biotoxic effect on OSSFs.
12. (12) Cluster system - An on-site sewage collection, treatment, and disposal system designed to serve two or more sewage-generating units on separate legal tracts where the total combined flow from all units does not exceed 5,000 gallons per day.
13. (13) Composting toilet - A self-contained treatment and disposal facility constructed to decompose non-waterborne human wastes through bacterial action facilitated by aeration.
14. (14) Condensate drain - Collection and disposal of water generated by air conditioners, refrigeration equipment, and other equipment.
15. (15) Delegation - To delegate or designate.
16. (16) Designated representative - An individual who holds a valid certificate with the agency and is designated by the authorized agent to make site evaluations, percolation tests, system evaluations, and inspections subject to the authorized agent's approval.
17. (17) Direct supervision - The responsibility of an installer to perform the oversight, direction and approval of all actions of an apprentice related to the installation of an OSSF.
18. (18) Edwards Aquifer - That portion of an arcuate belt of porous, water bearing limestones composed of the Comanche Peak, Edwards, and Georgetown formations trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties or as amended under Chapter 213 of this title (relating to Edwards Aquifer).
19. (19) Edwards Aquifer Recharge zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, and including the outcrops of other geologic formations in proximity to the Edwards 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 specifically that geological area delineated on official maps located in the Austin and San Antonio Regional Offices of the agency, or as amended by Chapter 213 of this title.
20. (20) Emergency repair - A repair made to an OSSF to abate a serious and dangerous nuisance condition without altering the OSSF's planned function and notification is given to the permitting authority within 72 hours of when the repairs begin.
21. (21) Evapotranspiration (ET) system - A subsurface sewage disposal facility which relies on soil capillarity and plant uptake to dispose of treated effluent through surface evaporation and plant transpiration.
22. (22) Floodplain (100-year) - That area along a watercourse during the time the watercourse is subject to the statistical 100-year flood.
23. (23) Floodway - The channel of a watercourse and adjacent land areas (center portion of the 100-year floodplain) that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface more than one foot above the 100-year flood elevation prior to encroachment into the 100-year floodplain.
24. (24) Geotextile filter fabric - A non-woven fabric suitable for wastewater applications.
25. (25) Gravel-less drainfield pipe - A generically labeled large diameter (usually eight or ten inches) geotextile fabric-wrapped piping product which is intended for use without gravel in a subsurface disposal facility.
26. (26) Grease interceptor - Floatation chambers where grease floats to the water surface and is retained while the clearer water underneath is discharged. There are no moving mechanical parts and its operational characteristics are similar to a septic tank.
27. (27) Greywater - Wastewater from clothes washing machines, showers, bathtubs, handwashing lavatories, and sinks not used for the disposal of hazardous or toxic ingredients or waste from food preparations.
28. (28) Groundwater - Subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated either year-round or on a seasonal or intermittent basis.
29. (29) Hardness (water) - Primarily the presence in water of calcium bicarbonate, magnesium bicarbonate, calcium sulfate (gypsum), magnesium sulfate (epsom salts), calcium chloride, and magnesium chloride in solution.
30. (30) Holding tank - A watertight container equipped with a high-level alarm used to receive and store sewage pending its delivery to, and treatment at, an approved treatment facility. This type of facility is generally intended for interim use, if and when approved by the permitting authority.
31. (31) Individual - A single living human being.
32. (32) Installer - An individual who holds a valid certificate with the agency and is compensated by another to perform services, construct, install, alter, or repair an OSSF.
33. (33) Local governmental entity - A municipality, county, river authority, or special district including an underground water district, soil and water conservation district, or public health district .
34. (34) Maintenance - The normal or routine upkeep, cleaning, or mechanical adjustments to an OSSF.
35. (35) Maintenance company - A person in the business of maintaining OSSFs. At least one individual in the company must hold an Installer II certificate or a Class D or higher wastewater operator certificate and be certified by the appropriate manufacturer's maintenance program for the proprietary unit being maintained.
36. (36) Maintenance findings - The results of a required performance check or component inspection on a specific OSSF by a valid maintenance company as outlined in the maintenance contract.
37. (37) Manufactured housing community - Any facility or area developed for lease or rental of space for the placement of two or more mobile homes.
38. (38) Mound system - A soil absorption disposal system which is installed above the natural grade and in or below an artificially created mound of earth.
39. (39) Multi-unit residential development- a building, structure or combination of structures which have been designed to contain units in which more than two families may reside.
40. (40) NSF International - National Sanitation Foundation International testing laboratories located in Ann Arbor, Michigan.
41. (41) Natural soil - Earthen materials deposited into place by natural processes and not disturbed by artificial processes.
42. (42) Non-standard disposal - All on-site disposal systems, components and materials not described in this chapter as standard and not marketed for sale in the state as a proprietary item.
43. (43) Non-standard treatment - All on-site sewage treatment processes not described in this chapter as "standard" or "proprietary" treatment processes.

44. (44) Nuisance -

    1. (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; or
    2. (B) an overflowing septic tank or similar device, including surface discharge from or groundwater contamination by a component of an OSSF, or a blatant discharge from an OSSF.

45. (45) On-site sewage disposal system - One or more systems of treatment devices and disposal facilities that:

    1. (A) produce not more than 5,000 gallons of waste each day; and
    2. (B) are used only for disposal of sewage produced on a site on which any part of the system is located.
46. (46) On-site sewage facility (OSSF) - An on-site sewage disposal system.
47. (47) On-site waste disposal order - An order adopted by local governmental entity and approved by the executive director. Approval of this order by the executive director grants authorized agent status to the local governmental entity.
48. (48) Owner - A person who owns an OSSF.
49. (49) Permit - An authorization, issued by the permitting authority, to install, construct, alter, extend, repair, or operate an OSSF. The permit consists of the authorization to construct (including the approved planning materials) and the license to operate.
50. (50) Permitting authority - The executive director or an authorized agent.
51. (51) Planning material - Plans and other supporting materials submitted to the permitting authority for the purpose of obtaining a permit to construct and operate an OSSF.
52. (52) Platted - Subdivided property recorded with the county/city in an official plat record.
53. (53) Pretreatment tank - A tank placed ahead of a treatment unit that functions as an interceptor for material such as plastics, clothing, hair, and grease that are potentially harmful to treatment unit components.
54. (54) Probation - A formal procedure in which an individual or authorized agent is subject to an evaluation for a trial period to ascertain whether an individual should retain possession of a registration or certification as issued by the executive director or an authorized agent should retain delegation as an authorized agent.
55. (55) Proprietary system - An OSSF in which all or part of the treatment or disposal process is owned by a person and has a registered trademark or patent or utilizes a tradename or trademark.
56. (56) Regional office - A regional office of the Texas Natural Resource Conservation Commission.
57. (57) Restrictive horizon - A layer of the soil profile with a significant observable change in density, clay content, or particle size which restricts the vertical movement of water.
58. (58) Revocation - A formal procedure initiated by the executive director in which an authorized agent's delegation or an installer's, site evaluator's, or designated representative's registration or certification is rescinded by the commission.
59. (59) Scum - A mass of organic and/or inorganic matter which floats on the surface of sewage.
60. (60) Secondary Treatment - The reduction of pollutants to the levels specified in §309.1 of this title (relating to Domestic Wastewater Effluent Limitation and Plant Siting).
61. (61) Seepage pit - An unlined covered excavation in the ground which operates in essentially the same manner as a cesspool.
62. (62) Septic tank - A watertight covered receptacle constructed to receive, store, and provide treatment to domestic sewage. Its function is to separate solids from the liquid, digest organic matter under anaerobic conditions, store the digested solids through a period of detention, and allow the clarified liquid to be disposed of by an approved method in accordance with this chapter.

63. (63) Sewage - Waste that:

    1. (A) is primarily organic and biodegradable or decomposable; and
    2. (B) generally originates as human, animal, or plant waste from certain activities, including the use of toilet facilities, washing, bathing, and preparing food.
64. (64) Sewage disposal plan - A technical report prepared by either a registered professional engineer or a registered sanitarian having demonstrated expertise in on-site sewage disposal planning. The plan must include, but is not limited to, the location of structures, easements, wells, treatment units and disposal areas.
65. (65) Single family dwelling - A habitable structure constructed on, or brought to, its site and occupied by members of one family.
66. (66) Site evaluator - An individual who holds a valid certificate with the agency and visits a site and conducts a pre-construction site evaluation which includes performing soil analysis, a site survey, and other criteria necessary to determine the suitability of a site for a specific OSSF.
67. (67) Sludge - A semi-liquid mass of partially decomposed organic and inorganic matter which settles at or near the bottom of a receptacle containing sewage.
68. (68) Soil - The unconsolidated mineral material on the surface of the earth that serves as a natural medium for the growth of plants.
69. (69) Soil absorption system - A subsurface method for the disposal of partially treated sewage which relies on the soil's ability to absorb moisture and allow its dispersal by lateral and vertical movement through and between individual soil particles.
70. (70) Subsurface sewage facility - A system which treats sewage and distributes the pretreated sewage effluent into a below ground level disposal area.
71. (71) Subdivision- a division of a tract of property into two or more parts either by platting or field notes with metes and bounds, and transferred by deed or contract for deed.
72. (72) Uniform gravel size - Gravel to be used in standard absorption drainfields that has been processed through shaker screens to produce a size passing one size screen and retained on another. The smaller screen shall be at least 50 percent of the size of the larger screen.
73. (73) Water softening - the removal of minerals causing hardness from water.

Source Note:The provisions of this §285.2 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective January 8, 1999, 24 TexReg 139.