1. (a) Permits and inspections are not required for the domestic use of less than 400 gallons of graywater each day if:

   1. (1) the graywater originates from a single family dwelling;

   2. (2) the graywater system is designed so that 100% of the graywater can be diverted to the owner's on-site sewage facility (OSSF) system during periods of non-use of the graywater system. A graywater system may only be connected to the OSSF system if the following requirements are met.

      1. (A) The connection must be in the line between the house stub-out for the OSSF and the OSSF treatment tank.
      2. (B) The discharge from the graywater system must enter the OSSF system through two backwater valves or backwater preventers;

   3. (3) the graywater is stored in tanks and the tanks:

      1. (A) are clearly labeled as nonpotable water;
      2. (B) restrict access, especially to children;
      3. (C) eliminate habitat for mosquitoes and other vectors;
      4. (D) are able to be cleaned; and
      5. (E) meet the structural requirements of the 2004 American Water Works Association standards;
   4. (4) the graywater system uses piping clearly identified as a nonpotable water conduit, including identification through the use of painted purple pipe, purple pipe, pipe taped with purple metallic tape, or other methods approved by the commission;
   5. (5) the graywater is applied at a rate that will not result in ponding or pooling or will not cause runoff across the property lines or onto any paved surface; and
   6. (6) the graywater is not disposed of using a spray distribution system.
2. (b) No reduction in the size of the OSSF system will be allowed when using a graywater system.

3. (c) Builders of single family dwellings are encouraged to:

   1. (1) install plumbing in new housing to collect graywater from all allowable sources; and
   2. (2) design and install a subsurface graywater system around the foundation of new housing to minimize foundation movement or cracking.

4. (d) Graywater from a graywater system as described in subsection (a) of this section may only be used:

   1. (1) around the foundation of new housing to minimize foundation movement or cracking;
   2. (2) for gardening;
   3. (3) for composting; or
   4. (4) for landscaping at a single family dwelling.
5. (e) All aspects of the permitting, planning, construction, operation, and maintenance for any proposed graywater system that does not meet the requirements of subsection (a) of this section must meet the requirements of the remainder of this chapter.
6. (f) The installer of the graywater system must advise the owner of basic operating and maintenance procedures including any effects on the OSSF system.
7. (g) Graywater use must not create a nuisance or damage the quality of surface water or groundwater. If graywater use creates a nuisance or damages the quality of surface water or groundwater, the permitting authority may take action under §285.71 of this title (relating to Authorized Agent Enforcement of OSSFs).

8. (h) Homeowners who have been discharging wastewater from residential clothes-washing machines, otherwise known as laundry graywater, directly onto the ground prior to the effective date of this rule, may continue this discharge under the following conditions.

   1. (1) The disposal area shall not create a public health nuisance.
   2. (2) Surface ponding shall not occur in the disposal area.
   3. (3) The disposal area shall support plant growth or be sodded with vegetative cover.
   4. (4) The disposal area shall have limited access and use by residents and pets.
   5. (5) Laundry graywater that has been in contact with human or animal waste shall not be discharged on the ground surface and shall be treated and disposed of according to §285.32 and §285.33 of this title (relating to Criteria for Sewage Treatment Systems and Criteria for Effluent Disposal Systems, respectively).
   6. (6) Laundry graywater shall not be discharged to an area where the soil is wet.
   7. (7) The use of detergents that contain a significant amount of phosphorus, sodium, or boron should be avoided.
   8. (8) A lint trap shall be required at the end of the discharge line.
9. (i) Graywater systems that are altered, create a nuisance, or discharge graywater from any source other than clothes-washing machines are not authorized to discharge graywater under subsection (h) of this section.

Source Note:The provisions of this §285.81 adopted to be effective June 13, 2001, 26 TexReg 4115; amended to be effective January 6, 2005, 29 TexReg 12204.