1. (a) Applicability.

   1. (1) All aspects of the planning, installation, construction, alteration, extension, repair, operation, and maintenance of OSSFs must be in accordance with this chapter or in accordance with an order/ordinance or other published criteria of an authorized agent which has received the executive director's written approval.
   2. (2) In the case of OSSFs proposed for installation, construction, alteration, extension, repair, operation, and maintenance in areas of the state void of an authorized agent, the executive director will be the permitting authority in accordance with this chapter.
2. (b) Unauthorized systems. Boreholes, cesspools, and seepage pits shall not be authorized for installation and use in Texas.
3. (c) Variances. Requests for variances from provisions of this chapter may be considered by the appropriate permitting authority on an individual basis. The variance request must demonstrate to the satisfaction of the permitting authority that the variance has been requested because conditions are such that the equivalent protection of the public health and the environment can be provided by alternate means. Any request for a variance under this subsection must contain planning materials prepared and sealed by either a registered sanitarian or a registered professional engineer.

4. (d) Exclusions. The following are exclusions from provisions of this chapter and must be permitted under Chapter 26, Texas Water Code, and Chapter 305 of this title (relating to Consolidated Permits):

   1. (1) One or more systems of treatment devices and disposal facilities that cumulatively produce more than 5,000 gallons of sewage per day on one piece of property;
   2. (2) Any system that produces waste that is either non-domestic municipal, recreational, agricultural, industrial, or other as defined in Chapter 26, Texas Water Code; and
   3. (3) Any system that will have surface discharges into waters in the state or discharges adjacent to waters in the state.

Source Note:The provisions of this §285.3 adopted to be effective February 5, 1997, 22 TexReg 1114.