new developments in rules

New Developments in Rules and Homeowner Maintenance

Houston-Galveston Area Council and TCEQClear Water Initiative Workshop – On-Site Septic SystemsClear Water Initiative Workshop – On-Site Septic Systems

August 7, 20089:00 to 10:15 am

Joseph L. Strouse, P.E., LeaderOSSF Team, MC-178

Texas Commission on Environmental QualityP.O. Box 13087

Austin, Texas 78711-3087(512) 239-6003

Legislation – House Bill 2482

What does HB 2482 do?• Allows any homeowner to maintain their own aerobic system without

training;• Allows the TCEQ to create a program to register maintenance

providers;• Allows Designated Representatives (DRs) to inspect any system at

any time; and• Allows DRs to require a homeowner to have a maintenance contract

if: the homeowner violates the rules and fails to correct the violation within 10 days AND is in a County that has at least 40,000 people; or,violates the rules twice within a three year period AND is in a County that has at least 40,000 people.

Homeowner Training• Not required as of 9/1/07• Homeowners can receive training, if desired, from

anyone – installers, maintenance providers, TEEX, TOWA, etc…

The Proposed Maintenance Provider Program

• Licensed Maintenance Providers– Three year license ($111)– Complete a course in advanced aerobic systems and pass

the exam– Responsible for Maintenance Technicians and their work– Responsible for Maintenance Technicians and their work– Required continuing education– Signs reports and contracts– Do NOT need manufacturer’s certification for Maintenance

Provider’s license

The Proposed Maintenance Provider Program

• Registered Maintenance Technicians– Three year registration ($111)– Complete a 16 hour basic maintenance provider course and

pass the exam– Must work in a company under a licensed Maintenance

ProviderProvider– No required continuing education– Cannot sign reports and contracts– Cannot receive compensation from anyone other than the

Maintenance Provider– Do NOT need manufacturer’s certification for Maintenance

Provider’s license– Responsible for their own registration/renewal

Texas Environmental Health Association (TEHA) Petition

Requested TCEQ Commissioners to create rules which would prohibit DRs from performing OSSF-related work in areas outside of their jurisdiction.

Commissioners directed staff to “…initiate rulemaking based on the issues raised in the petition in conjunction with the…planned rulemaking on Chapter 285.”, dated June 29, 2007.

Based on input from public, sanitarians, DRs, the rule workgroup and the rule Team, the proposed rules state that a DR shall:

“…receive written permission from the DR’s employer if the designated representative desires to perform any OSSF-related activities for compensation outside of the authorized agent's regulatory jurisdiction to be kept on file in the designated representative’s office.”

Other Proposed Rule Changes

• Provide for new definitions of maintenance technician and testing and reporting;

• Revise definitions for maintenance provider and provide for the phase-out of the definition for provide for the phase-out of the definition for maintenance company in 2009;

• Revise the wording for the initial two-year ATU maintenance from “contract” to “service policy”;

• Revise current Model Deed requirements;

Other Proposed Rule Changes – (cont)• Eliminate the requirement for installers and maintenance

providers to provide ATU replacement parts to homeowners;

• Prohibit ATU homeowner maintenance on commercial, speculative residential, or multifamily property;

• Require maintenance technicians and apprentices to • Require maintenance technicians and apprentices to obtain registration independent of the responsibility of the maintenance provider or installer; and,

• Revise definition for direct supervision.

Other Proposed Rule Changes (cont)

• Revise current requirements for: subdivisions, small lots, siting (OSSFs in floodways, soil borings, treatment unit areas for restaurants and buildings with food service establishments, and setbacks), septic tank structural and riser design and leak testing, and OSSF permit conditions; conditions;

• Provide for sewer pipe composition requirements between the treatment and disposal units and add sizing requirements for aerobic treatment tanks and consideration for flow equalization;

• Address restaurant wastewater influent quality requirements;

• Eliminate the mandatory seven-year testing protocol for proprietary disposal units;

Other Proposed Rule Changes – (cont)

• Eliminate the option for an AA (whose order is being revoked) to allow for other AA review of the executive director’s findings;

• Eliminate the necessity for a site evaluator to maintain an installer or designated representative’s license for an installer or designated representative’s license for renewing a site evaluator’s license;

• Eliminate the current reference to the Professional Engineers Board for sizing foundations;

Other Proposed Rule Changes (cont)

• Provide for a minimum treatment effluent quality of 140 mg/l biochemical oxygen demand prior to entering any subsurface disposal system and develop design requirements for treating high-strength wastewater, and;strength wastewater, and;

• Provide for non-substantive cleanup of errata and inconsistencies in the rules.

What Changed from Proposal?

• Gave some maintenance providers an exemption from taking the advanced course and exam.

• Made other changes based on comments • Made other changes based on comments received.

• Removed proposed language to address condominiums and cluster systems.

Homeowner Maintenance

• These counties allow homeowner maintenance - with training:

Authorized Agents who allow maintenance with training: Order Date

Harris County* 8/07/2006Dallas County* 7/09/2007Gillespie County 8/31/2007Fannin County 9/07/2007Hunt County 9/07/2007Walker County 9/11/2007Bell County Public Health District 9/20/2007Wise County 9/24/2007Parker County 10/05/2007Ellis County 11/30/2007Jefferson County 12/17/2007Caldwell County 12/19/2007City of Mustang Ridge 12/19/2007City of Mustang Ridge 12/19/2007Orange County 12/19/2007Denton County 12/28/2007Gregg County 2/07/2008Sutton County 2/20/2008Concho County 4/04/2008Menard County 4/04/2008Polk County 4/04/2008Guadalupe County 4/16/2008Hopkins County 4/16/2008Lampasas County 4/16/2008Trinity County 4/16/2008Harrison County 4/17/2008

* require Wastewater D License

Homeowner Maintenance

• These counties PROHIBIT homeowner maintenance:

AUTHORIZED AGENT PROHIBITING HOMEOWNER MAINTENANCE ORDER DATEBrown County 11/16/1998 & 9/07/2006Dewitt County 1/22/1999Erath County 3/19/1999Lavaca County 4/23/1999Jones County 4/23/1999Calhoun County 4/28/2000Jackson County 4/28/2000Trinity River Authority - Lake Livingston 5/30/2000Hood County 9/05/2001Somervell County 9/14/2001Montague County 2/04/2002Fort Bend County 11/04/2005City of Heath 6/06/2006Fayette County 7/10/2006Wharton County 8/9/2006Robertson County 8/18/2006Kaufman County 9/07/2006Kaufman County 9/07/2006Milam County 9/22/2006Matagorda County 11/03/2006San Patricio County 12/11/2006Montgomery County 3/08/2007Aransas County 12/19/2007Austin County 12/19/2007City of Krum 12/17/2007City of Cleburne 12/17/2007City of Aransas Pass 1/10/08City of Denton 2/08/08Bastrop County 2/08/08City of Argyle 3/20/2008Galveston County Health District 4/14/2008Comanche County 4/17/2008City of Caddo Mills 4/14/2008

Maintenance Provider Licensing

No need to do anything new until after January 1, 2009!after January 1, 2009!

No need to do anything new until after January 1, 2009!

• Even then – you have until April 31, 2009 to change your status, if you prefer.

• You can continue to operate as you have • You can continue to operate as you have until September 1, 2009.

Changes

• Maintenance Provider License• Maintenance Technician Registration

– Technicians work under a provider.– Technicians work under a provider.• Need BMP, registration, and fee.

– Providers must have license.• Need Installer II or Wastewater C license, or 3

years registration as maintenance provider;• Need BMP, advanced maintenance course, exam,

registration, and fee.

Changes

• No need to register maintenance companies any more

• No need to register maintenance technicians under your supervision – it’s their responsibility

• Registrations and licenses last for three years –• Registrations and licenses last for three years –no CEUs needed for maintenance technicians –only needed for licensed maintenance providers

Woah!

But there’s an exemption!

If, on September 11, 2008:

If you’re registered as a Maintenance Provider…

AND you have a current: Installer II - or Wastewater C License…

You are grandfathered from taking the You are grandfathered from taking the advanced course and the licensing exam

- just send in the application and fee!

After September 11, 2008, anyone with a current maintenance provider registration will automatically convert to the new Maintenance Technician registration by Maintenance Technician registration by September 1, 2009.

Are you registered as a Maintenance Provider?

If you want to become licensed and you’re not exempt, you’ll need:

Installer II or Wastewater C License- or 3 years as a registered maintenance

provider;Advanced Course, exam, application and

fee.

What’s Next?

• Rules on TCEQ Agenda – August 20th

• Effective Date – September 11, 2008

• Download the proposed rule package at:

http://www.tceq.state.tx.us/rules/pendprop.html

• New workgroup to address condos, clusters and

technical issues starting soon…

Thank you