SECTION 285.70. Duties of Owners With Malfunctioning OSSFs

(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) 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) 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) 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.

(b) If aerobic treatment system maintenance is provided by the homeowner, as described in §285.7(d)(4) of this title (relating to Maintenance Requirements), an authorized agent or the commission may require the homeowner to contract for maintenance of the on-site sewage disposal system using aerobic treatment for a single-family residence if the system is located in a county of at least 40,000 persons and:

(1) the authorized agent or commission determines that the owner has violated this chapter or a rule adopted or order or permit issued under this chapter and the owner fails to correct the violation no later than the 10th day after the date of receipt of notification by the permitting authority; or

(2) the owner commits another violation before the third anniversary of the initial violation of this chapter or rule adopted under the Texas Health and Safety Code, Chapter 366.

(c) If, under this section, an authorized agent or the commission requires the system's owner to contract for the maintenance of the system, the order, resolution, or rule may require the maintenance provider to:

(1) inspect the system at specified intervals;

(2) submit a report on each inspection to the authorized agent or commission; and

(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; amended to be effective September 11, 2008, 33 TexReg 7536