Onsite Sewage Facilities and the Law T A R R A N T C O U N T Y P U - PowerPoint PPT Presentation

B E C C A G R A S S L - P E T E R S E N , D . R . Onsite Sewage Facilities and the Law T A R R A N T C O U N T Y P U B L I C H E A L T H - E N V I R O N M E N T A L D I V I S I O N

Tarrant County’s Role in OSSF Enforcement Public Health: Environ onmen mental al Division ion - -Desi esign gnated ed Represen presentativ ive, , Non-Peac eace e Offic ficer er - OSSF Permitting Authority under The State of Texas within the boundaries of Tarrant County and It’s Cont ntracted Muni unicip ipaliti ities es Sheriff’s Department - - Sheriff’s Environmental Enforcement Division - Deput putys-Peac eace e Offic ficer er -Cit itatio tion n and d Incarcer eration ion Autho hority rity by the e State of Te Texas **Bo Both Depa partm tmen ents have e the e legal Authority rity to to access ess a pro roper perty ty due e to to pro robabl bable e cause e for r any possibility ibility of an immine nent t health hazard rd

Regulations Enforced The Environ onmen mental al Division ion enforces rces : Texas Health and Safety Codes: 341,343 and 366 Texas Commission of Environmental Quality Onsite Sewage Facility Regulations: 30TAC 285 Sheriff’s Department: Texas Health and Safety Codes: 341,343 and 366 plus Chapter 7-Water Code

TCPH’s OSSF Enforcement Jurisdiction All Uninco ncorpor rporat ated ed Areas as of Tarrant ant Coun unty ty -Including Contracted municipal boundaries that overlap into adjacent counties -No Contract with the City of Everman or Arlington. On an individual, as needed basis requested by the city. County D.R.’s will assist and be expert witnesses in municipalities with Code Enforcement cement Off ffic icers s on staff f for any y violations lations TCPH is the permit mittin ting g authority hority for onsi site e sewag age facili liti ties es withi hin n all contr tract acted d citi ties. es.

Types of Violations -Symp mptoms oms of Malf lfunctioni unctioning ng system em- Odor, or, surf rfacin acing effl ffluent, uent, coll llap apsing sing tanks, ks, Ele lectri ctrical compon ponent nts s not worki king ng, , etc. c. (reasons for malfunction are damage, overuse, age, medications, lack of or poor maintenance, etc.) -Ill lleg egal al installa allation ion of an onsit ite sewag age facility cility-No No Per ermit mit and Appr proved ed pla lan (whether it’s an installer or a Property Owner) - Alt lter erin ing g an onsit site e Sewag age Facility ility withou hout a permit rmit and appr proved pla lan -Chang ange the e use of f an Onsit site Sewag age Faci cili lity ty withou hout t a per ermit mit and appr proved pla lan

Enforcement Action 1) Typically y receiv ive a call to to our offic fice; ; some meti time mes find the pro roble blem m oursel rselves 2) Research h the site prior or to to investi tigati tion on 3) Visit it the site 4) Alert t the occupa pant/pr t/prope operty ty owner r of our presence ce and the reason on for the investi tigati tion; on; if no one is at the site, , a c card will be left t on the fro ront t door or and the investi tigati tion on will pro rocee ceed, , if possible ible 5) Investi tigate the site where the viola lati tion on is suspe pected to to be and verify ify one way or another 6) Discuss findings ings with occupa pant/pr t/prope operty ty owner r if on site: : if there re is a v violati olation on, , you will l be given specific ific instr tructi ctions ons fro rom m the DR on opti tion ons to to take in verbal bal and written form. . 7) If the occupa pant/ t/pr prope operty ty owner r is not ot availa ilable ble, a notic otice of viola lation ion will l be maile led to to the owner r of record rd via Tarrant t Appraisal l Districts ricts latest t record rds.

Time Period to Abate a Public Nuisance Imme media diately y to 30 days! s! It is to the e discre cretion ion of the e DR or Deput uty y working king the e case se and the e severity erity of the e violati ation. on. Any y ext xtension nsion is on a case se by case se basis is

Non-Compliance -In the event of non-compliance after the notification and time period has been established, the e DR will file e an Affida davi vit of Viola olation tion to the Tarrant County Sub-Courthouse within the precinct where the violation is occurring. 1 st and 2 nd Offense for the same violation is a Class C Misdemeanor-fines assessed 3 rd offense for the same violation can be escalated to a Class B Misdemeanor-fines and jail time. At this point, the Sheriff’s Department will be the executors for this violation and Public Health will be the expert witness. The Court will issue a summons to appear for a hearing with the Associate District Attorney at that Precinct, enter a plea and/or pay fines Defendant has the right to appeal and ask for a Judge or Jury Trial of their Peers.

Who Can work on my OSSF? A State of Te Texas as Licensed ensed Onsi site Sewage Facili lity ty Installe ler (Class I o or II, dependin ing g on the type of system) m) And/ d/or or A State of Te Texas as Licensed ensed Onsi site Sewage Facili lity ty Service ce Maint ntenance nance Pro rovid vider r (Usually Class II Installer for Aerobic OSSF’s)

When is an Approval and Permit Required? Approval and a permit is requ equire ired- whenever you install a new OSSF, Repair an OSSF, Alter an OSSF, Extend an OSSF and/or Modify an OSSF. Approval and a permit is not requir equired- to unclog the sewer line between the house and Tank, have the OSSF inspected/serviced by a licensed service provider when they have to replace an aerator or pump. * This does not include the electrical box to a OSSF.

What about “Grandpa???” As soon as you install, need to Repair, Alter, Extend and/or Modify an OSSF “Grandpa” no longer applies. plies.. Ther ere e is one ne thing ing, thou ough! ! At the e discre retion ion of the he DR and Depa partm tment ent Manager, er, IF you ou want nt to to : - -exchange an Existin ting hom ome e for r ano nother er Home e with the e same e squ quare re footage/#o #of f Bedr droo ooms, - -the e system em has a permit it on file, e, - -ther ere e are no prior ior kno nown wn complai plaints ts and d - -the e lot ot size has not t been en redrawn wn, - Then, “Grandpa” MAY be allowed ed to to stay for dinne nner. r. ***Remem Remembe ber, r, it is always on a case e by case e basis is due e to to ot other er factors that may arise. e.

But I live ve in the County!!!.... …..And the County has Rules and Regulations that must be followed for the Health and Safety of YOU/ME/US/THEM, OUR Families, OUR Animals, Our Wildlife, OUR Natural Environment… And most of all-OUR WATER!!!! Creeks, Rivers, Streams, Seas, Oceans, Estuaries, Deltas, Lakes…….At some point in the whole process ….. WE DRINK IT!

Bottom Line… No pun intended! Permit, Permit, Permit!!!

Questions???? Becca ca Grassl-Peter ersen Designe signed Repre rese sent ntativ tive, , #8158 58 Tarrant County Public Health 817 817-32 321-4988 4988