1. (a) Technical report. Each application for an OSSF permit utilizing surface irrigation as a disposal method shall be accompanied by a report outlining the planning and operation of the entire wastewater treatment and disposal system. A basis of planning, construction drawings, calculations, and system flow diagram shall be included in this report. Proprietary aerobic systems may reference the agency's approval number instead of furnishing construction drawings for the unit. All other information except construction drawings will be required for proprietary submittal.
2. (b) Site drawing. A scale drawing and legal description of all land which is to be a part of the surface irrigation system will be included in the submittal of an application for a permit. At a minimum, the drawing will show the location of all existing and proposed buildings, wastewater disposal area, buffer zones, water wells, and any other pertinent features or information.
3. (c) Landscape plan. The application for a permit shall be accompanied by a landscape plan, which will describe, in detail, the type of vegetation to be maintained on the irrigated area during any calendar year. Installations may irrigate existing vegetation provided all areas of bare ground are seeded or covered with sod, capable of growth, prior to system start up.
4. (d) Maintenance requirements. Final permit approval will be issued after planning materials approval, provided the applicant furnishes a valid maintenance contract with a maintenance company. The maintenance company will verify that the surface irrigation system is operating properly and that they will provide ongoing maintenance of the installation. The initial maintenance contract must be valid for a minimum of two years.
5. (e) Maintenance contract. A maintenance contract will authorize the maintenance company to maintain and repair the system as needed. A copy of the signed maintenance contract between the property owner and the approved maintenance company shall be provided to the permitting authority prior to final permit approval.

6. (f) Ongoing maintenance. Ongoing maintenance shall be provided by a maintenance company.

   1. (1) The owner of each surface application system shall continuously maintain a signed written contract with a valid maintenance company and shall submit a copy of the contract to the permitting authority at least 30 days prior to expiration of the previous contract.
   2. (2) If the property owner or maintenance company desires to discontinue the provisions of the maintenance contract, the maintenance company shall notify, in writing, the permitting authority at least 30 days prior to the date service will cease.
   3. (3) If a maintenance company discontinues business, the property owner shall within 30 days of the termination date, contract with another approved maintenance company and provide the permitting authority with a copy of the newly signed maintenance contract.

7. (g) Affidavit. Prior to issuance of a permit, a certified copy of an affidavit, which has been duly recorded at the county/city clerk's office and filed in reference to the real property deed on which the surface application system is to be installed, must be submitted. Such an affidavit, for example see §285.90(2) of this title (relating to Figures), shall state that the property shall not be transferred to a new owner without:

   1. (1) the new owner being advised that the property contains a surface application system for wastewater disposal;
   2. (2) the permit issued to the previous owner of the property being transferred to the new owner in accordance with §285.20(5) of this title (relating to Application Requirements General); and
   3. (3) the new owner submitting a valid signed maintenance contract to the permitting authority.
8. (h) Testing and reporting. The maintenance company shall inspect each permitted surface irrigation system as directed by the testing and reporting schedule shown in §285.91(4) of this title (relating to Tables). The maintenance company shall report any responses to homeowner complaints and the results of its maintenance findings to the permitting authority within ten days of the specified reporting frequency. The number of site visits may be reduced to two per year for all systems having electronic monitoring and automatic telephone or radio access which will notify the maintenance company of system or component failure. This monitoring system shall also monitor effluent disinfection.
9. (i) Effluent disinfection. Treated effluent must be disinfected prior to surface application. Approved disinfection methods shall include but not be limited to chlorination, ozonation, or ultraviolet radiation. Tablets or other dry chlorinators shall use calcium hypochlorite of a type properly encapsulated and suitable for wastewater disinfection. The efficiency of the disinfection procedure will be established by monitoring the fecal coliform count or total chlorine residual from representative effluent grab samples as directed in the testing and reporting schedule. The frequency of testing and type of tests required are shown in §285.91(4) of this title.

Source Note:The provisions of this §285.7 adopted to be effective February 5, 1997, 22 TexReg 1114.