1. (a) The executive director may investigate matters concerning on-site systems, apprentices, installers of on-site systems, site evaluators, designated representatives or authorized agents and may take appropriate enforcement action, as necessary, under Chapters 70 and 80 of this title (relating to Enforcement and Contested Case Hearings).
2. (b) If the executive director determines that an OSSF is creating a nuisance as defined in §285.2 of this title (relating to Definitions), the OSSF must be brought into compliance to abate the nuisance. The executive director may require a property owner to initiate repair of a malfunctioning OSSF on the owner's property not later than the 30th day after the date on which the owner is notified by the executive director of the malfunctioning system.
3. (c) If the executive director determines that enforcement action is warranted in response to the complaint, such action shall be taken under Chapters 70 and 80 of this title (relating to Enforcement and Contested Case Hearings).
4. (d) The commission may assess an administrative penalty, or take any appropriate action described in Chapters 70 and 80 of this title (relating to Enforcement and Contested Case Hearings) or Texas Water Code, Chapter 26 (Water Quality); or Texas Health and Safety Code Chapters 366 and 341 (On-site Sewage Disposal Systems and Nuisance Conditions) for violations of the statutes or commission rules.
5. (e) The commission, before revoking or suspending a certification, or reprimanding a certificate holder, shall notify the certificate holder in writing of the alleged violation and provide the certificate holder with an opportunity for a hearing. The notice shall be given not later than the 10th day before the date set for the hearing. The notice shall be made by registered mail to the last known address of the certificate holder.

Source Note:The provisions of this §285.70 adopted to be effective February 5, 1997, 22 TexReg 1114.