1. 3rd Annual Harris County On-site Wastewater Seminar
TCEQ OSSF Rule Updates
James McCaine
3rd Annual Harris County On-site Wastewater Seminar
April 30, 2013

2. Latest Chapter 285 Changes
Became effective December 27, 2012

3. Latest Chapter 285 Changes Rule Objectives
Address known and pressing problems
Improve requirements for disinfection

4. 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

5. 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

6. 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

7. 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.”

8. 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

9. What is a Cluster System?
This is NOT a cluster system
One legal tract
OSSF

10. What is a Cluster System?
This IS a cluster system
Multiple legal tracts
OSSF

11. 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

12. 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

13. 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)

14. 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)

15. 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

16. Where is the 26 inch rainfall line?

17. 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.

18. 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

19. 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
3 Bedroom
400 gallon capacity
(Table II)
400 gallon capacity
(Table II)

20. Aerobic Treatment Sizing for Multiple Residences - Option 2 (Equalization)
3 Bedroom
3 Bedroom
Equalization
Tank
240 gallons per day
Table III
240 gallons per day
Table III
Aerobic
Treatment
Capacity
960 gallons
3 Bedroom
3 Bedroom
240 gallons per day
Table III
240 gallons per day
Table III

21. 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

22. 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

23. 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)

24. Improve Requirements for Disinfection Equipment
Repair or replacement of disinfection equipment can be done under emergency repairs

25. 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

26. 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

27. 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

28. 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.

29. Questions