1. (a) Maintenance requirements. Maintenance requirements for all OSSFs are identified in §285.91(12) of this title (relating to Tables).

2. (b) Maintenance company.

   1. (1) At least one individual in the company shall hold either an Installer II license or a Class D or higher wastewater operator license.

      1. (A) That individual shall also be certified by the manufacturer for the system being maintained. Effective 180 days after the effective date of these rules, the manufacturer shall certify the individual only after the individual has attended a training class approved by the executive director and conducted by the manufacturer.
      2. (B) That individual shall also be trained by the professional engineer or professional sanitarian responsible for preparing the planning materials, if performing required maintenance on an OSSF that is professionally designed as a non-standard system.
   2. (2) The maintenance company and the individual certified by the manufacturer will be responsible for fulfilling the requirements of the maintenance contract.

3. (c) Maintenance contracts. OSSFs required to have maintenance contracts are identified in §285.91(12) of this title. The OSSF shall be maintained and tested by the maintenance company holding a maintenance contract.

   1. (1) Contract provisions. The OSSF maintenance contract shall, at a minimum:

      1. (A) list items that are covered by the contract;
      2. (B) specify a time frame in which the maintenance company will visit the property in response to a complaint by the property owner regarding the operation of the system;
      3. (C) specify the name of the individual employed by the maintenance company who is certified by the manufacturer of the system;
      4. (D) identify the frequency of routine maintenance and the frequency of the required testing and reporting; and
      5. (E) identify who is responsible for maintaining the disinfection unit.

   2. (2) Contract submittals. Unless excepted by paragraph (4) of this subsection, a copy of the signed maintenance contract shall be provided by the owner to the permitting authority before the authorization to construct is issued. Before the current contract expires, the owner of an OSSF is required to have a new maintenance contract signed. A copy of a new contract shall be submitted to the permitting authority at least 30 days before the contract expires.

      1. (A) Initial maintenance contract. The initial written maintenance contract shall be effective for at least two years from the date the OSSF is first used. For a new single family dwelling, this date is the date of sale by the builder. For an existing single family dwelling this date is the date the notice of approval is issued by the permitting authority.
      2. (B) On-going maintenance contract. After the expiration of the two-year initial maintenance contract, the owner shall have on-going maintenance performed by either the original maintenance company or another maintenance company qualified under subsection (b)(1) of this section, unless the exceptions in paragraph (4) of this subsection apply.

   3. (3) Amendments or terminations.

      1. (A) If the maintenance company changes the individual certified by the manufacturer under subsection (b) (1) (A) of this section, the maintenance company shall initiate an amendment of the contract. The contract shall be amended within 30 days after the change in personnel. The permitting authority shall be provided with a copy of the amended contract within 30 days after the amended contract is signed.
      2. (B) If the maintenance company discontinues the maintenance contract, the maintenance company shall notify, in writing, the permitting authority, the manufacturer, and the owner at least 30 days before the date service will cease.
      3. (C) If the owner discontinues the maintenance contract, the owner shall notify, in writing, the permitting authority, the manufacturer, and the maintenance company at least 30 days before the date service will cease.
      4. (D) If a maintenance contract is discontinued or terminated, the owner shall contract with another maintenance company and provide the permitting authority with a copy of the new signed maintenance contract no later than 30 days after termination.
   4. (4) Exceptions to maintenance contract. At the end of the initial two-year maintenance period, the owner of an aerobic treatment system for a single family dwelling located in a county with a population of less than 40,000 shall either maintain the system personally or shall obtain a new maintenance contract. If the owner elects to maintain the system directly, the owner shall, before performing any maintenance, obtain training for the system from an installer who has been certified by the manufacturer. At least 30 days before the expiration of the maintenance contract, the owner must provide the permitting authority a written statement, signed by the installer, stating that the owner has been trained to maintain the system. In the absence of a maintenance contract, the owner is responsible for maintenance, testing, and reporting results to the permitting authority. The permitting authority cannot require a contract as a condition for approval of a permit for an OSSF in a county with a population of less than 40,000 if the owner chooses to maintain the system.

4. (d) Testing and reporting. OSSFs that shall be tested are identified in §285.91(12) of this title.

   1. (1) The maintenance company or the owner, if the owner decides to maintain the OSSF personally as allowed in subsection (c)(4) of this section, shall test and report for each system as required in §285.91(4) of this title. The report shall include any responses to owner complaints, the results of the maintenance company's findings, or the owner's findings, and the test results. The report shall be submitted to the permitting authority and the owner within 14 days after the date the test is performed.

   2. (2) To provide the owner with a record of the maintenance check, the maintenance company shall install a weather resistant tag, or some other form of weather resistant identification, on the system at the beginning of each maintenance contract. This identification shall:

      1. (A) identify the maintenance company;
      2. (B) list the telephone number of the maintenance company;
      3. (C) specify the start date of the contract; and
      4. (D) be either punched or indelibly marked with the date the system was checked at the time of each maintenance check, including any maintenance check in response to owner complaints.
   3. (3) The number of required tests may be reduced to two per year for all systems having electronic monitoring and automatic telephone or radio access that will notify the maintenance company of system or components failure and will monitor the amount of disinfection in the system. The maintenance company shall be responsible for ensuring that the electronic monitoring and automatic telephone or radio access systems are working properly.

Source Note:The provisions of this §285.7 adopted to be effective June 13, 2001, 26 TexReg 4115.