1. (a) If the executive director or the authorized agent determines that an on-site sewage facility (OSSF) is malfunctioning, as defined in §285.2 of this title (relating to Definitions), the owner shall bring the OSSF into compliance by repairing the malfunction. The owner shall initiate repair of a malfunctioning OSSF no later than:

   1. (1) the 30th day after the date which the owner is notified by the executive director or the authorized agent of the malfunctioning system, if the owner has not been notified of the malfunctioning system during the previous 12 months;
   2. (2) the 20th day after the date on which the owner is notified by the executive director or the authorized agent of the malfunctioning system, if the owner has been notified of the malfunctioning system at least once during the previous 12 months; or
   3. (3) the 10th day after the date on which the owner is notified by the executive director or the authorized agent of the malfunctioning system, if the owner has been notified of the malfunctioning system at least twice during the previous 12 months.

2. (b) With the exception of §285.7(c)(4) of this title (relating to Maintenance Requirements), an authorized agent or the commission may condition the permit or the approval of a permit for an on-site sewage disposal system using aerobic treatment for a single-family residence on the owner's contracting with a maintenance company for the maintenance of the system if:

   1. (1) the authorized agent or commission determines that the system is a nuisance or has failed a periodic inspection under §285.7(d)(4) of this title;
   2. (2) the owner fails to timely inspect the system or submit a report on the inspection as required by §285.7(d) of this title, if applicable, for three consecutive intervals; or
   3. (3) the owner is notified at least three times during a 12-month period that the system is malfunctioning.

3. (c) If, under §285.71(d)(1) of this title (relating to Authorized Agent Enforcement of OSSFs), an authorized agent or the commission conditions approval of a permit for an on-site sewage disposal system using aerobic treatment on the system's owner contracting for the maintenance of the system, the order, resolution, or rule may require the maintenance company to:

   1. (1) inspect the system at specified intervals;
   2. (2) submit a report on each inspection to the authorized agent or commission; and
   3. (3) provide a copy of each report submitted to the system's owner.

Source Note:The provisions of this §285.70 adopted to be effective June 13, 2001, 26 TexReg 4115; amended to be effective August 3, 2006, 31 TexReg 6013.