Homeowner Maintenance (Impact of HB 2510)

Report
TCEQ OSSF Rule Updates
James McCaine
3rd Annual Harris County On-site Wastewater Seminar
April 30, 2013
Latest Chapter 285 Changes
• Became effective December 27, 2012
Latest Chapter 285 Changes
Rule Objectives
• Address known and pressing problems
• Improve requirements for disinfection
Latest Chapter 285 Changes
Rule Objectives
Address known problems
• Drainage easement setbacks and the unforeseen
problems
• Crossing drainage easements
• What to do with existing cluster systems
• Subdivision of inheritance tracts
• Pipes beneath driveways and sidewalks
Latest Chapter 285 Changes
Rule Objectives
Address known problems
• Deep excavations in low rainfall areas
• Aerobic treatment sizing for smaller residences
• Aerobic treatment sizing for multiple residences
• Improve requirements for disinfection equipment
Drainage Easement Setbacks
Unforeseen Problems
• Previous rule required a setback of 25 feet to a
drainage easement
• Drainage easements were sometimes platted on
all sides of the lot
• The easements had nothing to do with drainage
• When setback applied, it made it impossible to fit
in an OSSF
Drainage Easement Setbacks
Unforeseen Problems
• Problem: How to fix this and still protect “real”
drainage easements
• Remove drainage easements from Table X
• If the easement is similar to a ditch, then use the
setback from “slopes where seeps may occur.”
Crossing Drainage Easements
• Intent was to give guidance for crossing “real”
drainage easements
• Pipe sleeved in Schedule 40 pipe
• Buried more than one foot deep or encased in
concrete
• Outside pipe shall have locator tape and the
crossing should be marked at the edge of the
easement boundaries
What is a Cluster System?
This is NOT a cluster system
One legal tract
OSSF
What is a Cluster System?
This IS a cluster system
Multiple legal tracts
OSSF
What to Do with Existing Cluster
Systems
• Under the old rules, cluster systems could not be
repaired
• When the OSSF failed, the only option was to
obtain a TCEQ water quality permit
• This was difficult or impossible for most existing
cluster systems
• The rule was changed to allow existing cluster
systems
What to Do with Existing Cluster
Systems
• The rule was changed to allow existing cluster
systems to be repaired or altered
• The repair or alteration cannot increase the
volume
• The repair or alteration cannot change the
nature of the permitted flow
• While existing cluster systems may be repaired,
new cluster systems are not allowed
Subdivision of Inheritance Tracts
A subdivision is exempt from submitting planning
materials:
• If one tract is divided into four or fewer tracts;
• If all of the new tracts are 5 acres or larger;
and
• If each new tract is going to be sold, given or
transferred to a relative (as defined by the
Texas Government Code, Chapter 573)
Pipes Beneath Driveways and
Sidewalks
Old rules allowed pipe beneath driveways
and sidewalks if:
• sleeved in SCH 40 pipe
New rules allow pipe beneath driveways and
sidewalks if:
• sleeved in SCH 40 pipe; or
• pipe is SCH 80 (without sleeving)
Deep Excavations in Low Rainfall Areas
Old rules allowed excavations up to 5 feet
deep if:
• Annual precipitation was less than 26 inches;
and
• Suitable soils lie below an unsuitable soil cap
New rules allow excavations up to five feet
deep if:
• Annual precipitation is less than 26 inches
Where is the 26 inch rainfall line?
Aerobic Treatment Sizing for Smaller
Residences
• Old rules required 400 gallons of aerobic
treatment capacity for all homes less than
three bedrooms and 2,501 sq. ft.
• New rules require 360 gallons of aerobic
treatment capacity for all homes less than
three bedrooms and 2,501 sq. ft.
Aerobic Treatment Sizing for Multiple
Residences
Old rules required aerobic treatment units
serving multiple residences to be sized
according to Table II
New rules allow:
• The aerobic treatment units to be sized
according to Table II; or
• Sized according to Table III if preceded
by an equalization tank
Aerobic Treatment Sizing for Multiple
Residences – Option 1 (No Equalization)
3 Bedroom
3 Bedroom
400 gallon capacity
(Table II)
400 gallon capacity
(Table II)
Aerobic
Treatment
Capacity
1,600 gallons
3 Bedroom
400 gallon capacity
(Table II)
3 Bedroom
400 gallon capacity
(Table II)
Aerobic Treatment Sizing for Multiple
Residences - Option 2 (Equalization)
3 Bedroom
240 gallons per day
Table III
3 Bedroom
Equalization
Tank
240 gallons per day
Table III
Aerobic
Treatment
Capacity
3 Bedroom
240 gallons per day
Table III
960 gallons
3 Bedroom
240 gallons per day
Table III
Improve Requirements for Disinfection
Equipment
• Old rules had no third-party approval for
disinfection equipment
• New rules require all disinfection
equipment be listed and certified by NSF
International or an ANSI accredited testing
institution under ANSI/NSF Standard 46
Improve Requirements for Disinfection
Equipment
ANSI/NSF Standard 46 has two tests for
disinfection equipment:
• Chlorine dispenser test – run with tap
water and test measures chlorine
residual
• Disinfection device test – run with
treated wastewater and test measures
fecal coliform
Improve Requirements for Disinfection
Equipment
• New rules require all disinfection equipment
installed after December 27, 2012 to be
certified as either a chlorine dispenser or a
disinfection device
• Additionally, as of January 1, 2016, all
disinfection equipment will have to certified
as a disinfection device or approved by the
Executive Director (TCEQ)
Improve Requirements for Disinfection
Equipment
• Repair or replacement of disinfection
equipment can be done under emergency
repairs
Additional Items
• Cleanouts are now required every 100
feet, rather than every 50 feet
• Drip irrigation tubing can now be repaired
under emergency repairs
• An Installer II can make any repairs to any
OSSF, they just can’t enter into
maintenance contracts without a MP
license
Additional Items
Restaurants - When is a P.E. Required?
• Short Answer – When the disposal system
requires secondary treatment
• What is secondary treatment?
- It is defined as an effluent quality
- It is the higher quality level needed for
surface application and many drip
systems
Additional Items
Restaurants - When is a P.E. Required?
Where is this requirement in the rules?
• Wastewater from restaurants is
considered high strength (1,200 mg/l)
• All treatment systems for high strength are
considered non-standard
- Package plants
- Built-from-scratch treatment plants
- Aerobic treatment units
Additional Items
Restaurants - When is a P.E. Required?
Where is this requirement in the rules?
• All non-standard treatment system must
be designed by either a P.E. or an R.S
• However, non-standard treatment systems
designed to meet secondary treatment
levels must be designed by a P.E.
Questions

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