SECTION 285.8. Multiple On-Site Sewage Facility (OSSF) Systems on One Large Tract of Land

(a) The executive director may authorize the permitting authority to issue a permit for multiple treatment and disposal systems on a tract of land as an OSSF, instead of as a municipal wastewater treatment facility, if:

(1) the systems are located on a tract of land of 100 acres or more;

(2) the systems are used:

(A) on a seasonal or intermittent basis, which means any combination of weekends (Friday through Sunday) plus 60 weekdays (Monday through Thursday) or less during a calendar year; and

(B) the remainder of the year by employees, voluntary staff, or contractors performing work-related duties on the tract of land.

(3) the anticipated combined flow, calculated using either actual water use data or the data from §285.91(3) of this title (relating to Tables), from all systems is less than 5,000 gallons per day (gpd) on an annual average basis (the arithmetic average of all daily flows from the preceding 12 consecutive calendar months);

(4) the peak flow, calculated using either actual water use data or the data from §285.91(3) of this title, for each individual system is less than 5,000 gpd; and

(5) the systems are used only for disposal of sewage produced on the tract of land where the systems are located.

(b) To obtain an OSSF permit for multiple treatment and disposal systems, the owner or owner's agent must submit the following to the permitting authority:

(1) an application on the form provided by the permitting authority;

(2) all planning materials according to §285.5(a)(2) of this title (relating to Submittal Requirements for Planning Materials). The planning materials must include details on all existing systems, as well as any proposed new systems;

(3) the results of a site evaluation, conducted according to §285.30 of this title (relating to Site Evaluation);

(4) the location, types of systems, size of systems, and if permitted, information from the permit for all existing systems; and

(5) the appropriate fee.

(c) The permitting authority must submit the items listed in subsection (b) of this section to the executive director within five working days after receipt. The executive director shall review the materials submitted and shall determine if the systems may be permitted as an OSSF, the systems do not meet the requirements of this section, or the application is incomplete. The executive director shall provide the determination in writing to the owner or the owner's agent, and to the permitting authority, within 30 working days after receipt of the materials listed in subsection (b) of this section from the permitting authority.

(d) Executive director determination.

(1) If the executive director determines that the systems may be permitted as an OSSF, the permitting authority shall issue an authorization to construct for all new systems and a permit for existing systems. If the permitting authority issues an authorization to construct, all steps in §285.3(d) and (e) of this title (relating to General Requirements) must be followed before the system receives a notice of approval.

(2) If the executive director determines that the systems do not meet the requirements of this section, the owner may be required to submit an application for either a permit under Chapters 205 or 305 of this title (relating to General Permits for Waste Discharges or Consolidated Permits, respectively).

(e) In order to receive a notice of approval, all systems on the property, including the existing systems, must meet the requirements of this chapter.

(f) The owner shall submit a report of the actual flow data to both the permitting authority and the executive director once a year in the month following the anniversary month of the receipt of the notice of approval. The reported flows shall be based on sewage flows measured by a totalizing meter installed at each individual system, water usage for the facilities served by the individual systems, or by other means approved by the executive director. The flows shall be recorded in a table by calendar month. The table shall give a continuous average of flows.

(g) If, as a result of the submittal of the reports required in subsection (f) of this section, the executive director and the authorized agent determine that the systems no longer meet the requirements of this section, the owner shall either bring the systems into compliance with this section or submit an application for a permit under Chapter 205 or Chapter 305 of this title.

Source Note: The provisions of this §285.8 adopted to be effective July 31, 2002, 27 TexReg 6714; amended to be effective September 11, 2008, 33 TexReg 7536