The city wishing to adopt more stringent rules for its OSSF Ordinance understands that the more stringent local rule shall take precedence over the corresponding TCEQ requirement. Listed below are the more stringent rules adopted by the city:
(A) A permit shall be required for all on-site sewage facilities (OSSF) regardless of acreage, and so the exception found in 30 Tex. Administrative Code § 285.3(f)(2) shall not apply in the city limits.
(B) Permits shall not transfer automatically to a new owner upon sale or other legal transfer of an OSSF, and so 30 Tex. Administrative Code § 285.3(a)(3) shall not apply in the city limits. Within 60 days prior to the sale or transfer of any property on which a permitted OSSF exists, the seller or transferor must pay an inspection fee as established by the regulatory authority and have an inspection of the OSSF performed by a licensed designated representative of the health district. Only after the payment of such a fee and the conduction of an inspection in which the OSSF is found to be compliant, does the permit become transferable upon any sale or legal transfer which occurs within 60 days of the inspection. OSSFs for properties which transfer without the required fee and inspection shall be deemed to be invalid, and the new owner, buyer or transferor must pay the required fee and obtain the inspection before operating the OSSF.
(C) Within 60 days prior to the sale or transfer of any property on which any OSSF, including an OSSF exempt from permitting requirements by 30 Tex. Administrative Code § 285.3(f), exists, the seller or transferor must pay an inspection fee as established by the regulatory authority and have an inspection of the OSSF performed by a licensed designated representative of the health district. Only after the payment of such a fee and the conduction of an inspection in which the OSSF is found to be compliant, does the use of the system become transferable upon any sale or legal transfer which occurs within 60 days of the inspection. OSSFs for properties which transfer without the required fee and inspection shall be deemed to be invalid, and the new owner, buyer or transferor must pay the required fee and obtain the inspection before operating the OSSF.
(D) The Aerobic treatment unit sizing chart in Table II of 30 Tex. Administrative Code § 285.91(2) is replaced with the following:
Size of Home | Minimum Aerobic Tank Treatment Capacity in gallons per day |
Size of Home | Minimum Aerobic Tank Treatment Capacity in gallons per day |
3 or fewer bedrooms and less than 2,501 sq ft. | 450 |
4 bedrooms and less than 3,501 sq. ft. or less than 4 bedrooms, larger than 2,500, but smaller than 3,501 | 600 |
5 bedrooms and less than 4,501 sq. ft. or less than 5 bedrooms, larger than 3,500, but smaller than 4,501 | 750 |
6 bedrooms and less than 5,501 sq. ft. or less than 6 bedrooms, larger than 4,500, but smaller than 5,501 | 900 |
7 bedrooms and less than 7,001 sq. ft. or less than 7 bedrooms, larger than 5,500, but smaller than 7,001 | 1050 |
8 bedrooms and less than 8,501 sq. ft. or less than 8 bedrooms, larger than 7,000, but smaller than 8,501 | 1200 |
9 bedrooms and less than 10,001 sq. ft. or less than 9 bedrooms, larger than 8,500, but smaller than 10,001 | 1350 |
10 bedrooms and less than 11,501 sq. ft. or less than 10 bedrooms, larger than 10,000, but smaller than 11,501 | 1500 |
For each additional bedroom above ten or every additional 1,500 sq. ft. of living areas above 11,500 | add 150 |
(E) The following requirement is added to 30 Tex. Administrative Code § 285.32(a): Structures which have more than one sewer stub out shall have a common connection of all sewer lines before the treatment system unless the treatment system is designed with more than one entrance.
(F) The following requirement is added to 30 Tex. Administrative Code § 285.3(d): Installers and their apprentices shall during installation, maintain on the job site copies of all approved plans, contracts, manifests, well data, and the specifications of the components relating to the installation of the OSSF, and shall make same available to the inspector until all required inspections are completed.
(G) On-Site sewage facilities maintenance and management practices: maintenance contract requirements for all OSSFs are identified in 30 Tex. Administrative Code § 285.91(12). Further, maintenance and management practices shall comply with 30 Tex. Administrative Code §§ 285.7 and 285.39.
(1) No homeowner/property owner shall be allowed to perform any maintenance on an on-site disposal system using aerobic treatment unless the homeowner/property owner:
(a) Provides documentation of completing and passing a basic OSSF maintenance course approved by the regulatory authority for aerobic treatment units and the property to be maintained is owned by the trained home owner;
(b) Holds a valid wastewater Class D license or higher wastewater treatment license;
(c) Shows the OSSF was lawfully installed as of October 1, 2009, and has maintained said OSSF prior to that date may continue to do so; or
(d) Demonstration from all of the above mentioned, must be able to illustrate to a licensed designated representative of the health district that he can perform the following procedures for maintaining the OSSF: replacing air filters, cleaning aerobic diffusers, spinners and agitators, cleaning pumps, testing for chlorine and/or fecal coliform, monitoring turbidity, scum and sludge build-up, controlling odor, and ensuring the application area is distributing properly and according to the original system design. The owner must inspect the OSSF and submit an inspection report to the health district every four months. An owner who fails to submit inspections as required shall not be permitted to self-maintain, and will be required to obtain a testing and reporting contract from a licensed OSSF maintenance provider.
(2) Each maintenance provider having contracts in Burkburnett shall register with Wichita Falls-Wichita County Public Health District (health district) Environmental Health Division. Maintenance provider registration shall be effective from the date of registration to December 31 of the same year. Renewal maintenance provider registration for the next year shall not be accepted before December 1 of the current year. New and renewal maintenance contracts will only be accepted from maintenance providers whose registration is current and in good standing. Maintenance provider registration shall be free of charge.
(a) Maintenance providers who fail to perform maintenance testing at the required intervals, mark an inspection tag, or submit a report on time two or more times during any 12-month period may have their registration suspended for no longer than one year in addition to any other penalties that may apply. No new or renewal maintenance contracts will be accepted from a maintenance provider during the time their registration is suspended.
(b) A licensed OSSF maintenance provider will submit an inspection report for each OSSF to the health district every four months. Renewal contracts shall be for a term of no less than one year and include at least three inspections. Contract renewals with the same maintenance provider will not be accepted by the health district unless all of the maintenance reports from the previous contract period have been received.
(H) All components that need to be replaced on an OSSF shall be replaced by an individual licensed by the TCEQ to replace or repair the specific component. Said replacement must utilize components certified by the manufacturer for use on the specific model being maintained.
(Ord. 944, passed - - )