James McCaine, TCEQ

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Proposed OSSF Rules
(Two Rule Packages)
Harris County On-site Wastewater Seminar
May 1, 2012
Rule Package #1
• Texas On-site Wastewater Treatment
Research Council
• New Tank Safety Rules
Rule Package #1
Texas On-site Wastewater Treatment
Research Council (TOWTRC)
• The Sunset Commission abolished TOWTRC
• Transferred the Duties of TOWTRC to the
TCEQ
Rule Package #1
Tank Safety
• The statute requires the TCEQ to adopt
rules which:
require on-site sewage disposal systems,
including risers and covers, installed after
September 1, 2012, to be designed to prevent
accidental or unintentional access to the system.
Rule Package #1
• September 27, 2011 Stakeholder’s
Meeting
• Meeting attended by:
Installers
ATU Manufacturers
Riser Manufacturer
Designated Representatives
Rule Package #1
• Based on input from stakeholder group, TCEQ
staff drafted rules
• The rules will be in an entirely new section
(285.38)
• Rules sent out for public comment
Rule Package #1
Applicability
• Rules apply to:
Pretreatment (trash) tanks
Proprietary treatment units (ATUs)
Non-standard Treatment Tanks
Pump Tanks
Holding Tanks
Rule Package #1
Inspection and Cleanout Ports
• Inspection and cleanout ports shall have risers
over the port openings which extend to the
ground surface
• When a riser is installed, a secondary plug, cap,
or other suitable restraint system shall be
provided below the riser cap to prevent tank
entry if the cap is unknowingly damaged or
removed
Rule Package #1
Risers
• Risers must be permanently fastened to the tank
lid or cast into the tank. The connection
between the riser and the tank lid must be
watertight
Rule Package #1
Risers and Riser Caps
• Risers must be fitted with removable watertight
caps and protected against unauthorized
intrusions
• Acceptable protective measures include:
A padlock;
A cover that can be removed only with specialized tools;
A cover having a minimum net weight of 29.5 kg (65 lb); or
Any other means approved by the executive director
Rule Package #1
Who Can Install Risers
• Installation of a riser to any component of an
OSSF is considered construction under Chapter
285 and can only be performed by a licensed
installer
Rule Package #1
Installation as Emergency Repair
• Installation of risers for OSSF components
installed prior to September 1, 2012 may be
considered an emergency
Rule Package #1
Inspection Reports
• All inspection reports sent to Authorized Agents
and homeowners must include information that
the access to the OSSF inspection and cleanout
ports was secure after the maintenance and
inspection activities were completed.
Rule Package #1
Comments Received
• Do the rules apply to septic tanks?
• What are specialized tools?
• Maintenance personnel need to be able to make
repairs on risers
• What happens when a homeowner refuses to
pay for a repair to a damaged riser?
Rules Package #1
Timeline
Comment Period Closed
03/26/2012
Adoption at TCEQ Commissioners Agenda
07/25/2012
Rules published in Texas Register
08/10/2012
New OSSFs must meet new standards
09/01/2012
Rule Package #2
Topics
• Remove the drainage easement setbacks
from 30 TAC §285.91(10).
• Provide technical requirements for
crossing drainage easements.
Rule Package #2
Topics
• Require disinfection equipment to be
certified under NSF International (formerly
the National Sanitation Foundation)
Standard 46 and allow upgrades on
existing systems under the emergency
repair provision.
Rule Package #2
Topics
• Provide an option to reduce aerobic
treatment unit sizing if an equalization tank
is installed.
• Provide construction criteria for
equalization tanks
• Allow existing cluster systems to be
repaired under Chapter 285
Rule Package #2
Topics
• Provide exemptions from the OSSF
subdivision review and approval process
for certain large tracts
• General cleanup and upkeep
Rule Package #2
• April 19, 2012 Stakeholder’s Meeting
• Meeting attended by 27 individuals:
Installers
Designated Representatives
ATU Manufacturers
Professional OSSF Designers
Homeowners
Rules Package #2
Timeline
Anticipated proposal Date
06/27/2012
Anticipated Texas Register Publish Date
07/13/2012
Anticipated Public Hearing Date
08/06/2012
Anticipated End to Public Comment Period
08/13/2012
Anticipated Adoption Date
12/06/2012
Questions
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