TCEQ OSSF Rule Updates

James McCaine3rd Annual Harris County On-site Wastewater Seminar

April 30, 2013

Latest Chapter 285 Changes

• Became effective December 27, 2012

Latest Chapter 285 ChangesRule Objectives

• Address known and pressing problems

• Improve requirements for disinfection

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 ChangesRule 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

Latest Chapter 285 ChangesRule Objectives

Drainage Easement SetbacksUnforeseen 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 SetbacksUnforeseen 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

OSSF

One legal tract

What is a Cluster System?

This IS a cluster system

OSSF

Multiple legal tracts

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

3 Bedroom

3 Bedroom

400 gallon capacity(Table II)

400 gallon capacity(Table II)

400 gallon capacity(Table II)

400 gallon capacity(Table II)

AerobicTreatment Capacity

1,600 gallons

Aerobic Treatment Sizing for Multiple Residences - Option 2 (Equalization)

3 Bedroom

3 Bedroom

3 Bedroom

3 Bedroom

240 gallons per dayTable III

240 gallons per dayTable III

240 gallons per dayTable III

240 gallons per dayTable III

EqualizationTank

960 gallons

AerobicTreatmentCapacity

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 ItemsRestaurants - 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 ItemsRestaurants - 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 ItemsRestaurants - 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