Section 0400-48-01-.23 - MAINTENANCE PROVIDER FOR ADVANCED TREATMENT SYSTEMS AND SUBSURFACE DRIP DISPOSAL SYSTEMS(1) An approved maintenance provider shall be one who meets all of the following requirements: (a) Any person who, on or after, the effective date of these rules, is or intends to become after the effective date of these regulations, a maintenance provider, shall make application for approval in writing on a form furnished by the department.(b) After December 31, 2010, persons applying for approval to become a maintenance provider must have a high school education or equivalent.(2) No approval under this rule shall be granted until: (a) An application is filled out in its entirety, unless otherwise specified by the Commissioner.(b) The maintenance provider candidate attends and successfully complete a training course approved by the Division of Water Resources; and(c) The maintenance provider candidate scores a grade of eighty (80) percent or above on a written test developed by the department. This test requirement does not apply, however, to a maintenance provider who was approved the previous year and who performed satisfactory work, as determined by the Division of Water Resources, during the previous year.(3) Approval to maintain ATS, SDD, or packaged systems may be denied where the applicant has had a previous approval denied, suspended or revoked, or has been shown to provide unsatisfactory work, where such unsatisfactory work is material to the subject matter of the approval. Failure to timely provide maintenance tasks required by the manufacturer or this Department shall constitute unsatisfactory work.(4) This Department will maintain a list of approved maintenance providers that have met the requirements of this rule and provided satisfactory work.(5) Approvals shall not be transferable or assignable and shall automatically become invalid upon any suspension or revocation becoming final.(6) When an approval has been denied, suspended or revoked, a hearing may be requested before the Commissioner by making such request in writing within thirty (30) days of the date of his denial, suspension, or revocation. Any hearing granted under this rule shall be conducted in accordance with T.C.A. §§ 4-5-301 et seq. If no such hearing is timely filed, the denial, suspension, or revocation is final.(7) Approvals shall expire on the 31st day of December following the date of approval.(8) An application for approval shall contain the following:(b) Business address and phone number;(d) Address and phone number of owner; and(e) Proof of Professional Development Hours (Renewal Only).(9) Annual Renewal (a) Any maintenance provider approved in accordance with this rule will be responsible for obtaining at least 6 Professional Development Hours (PDH's) annually. Courses qualifying as having PDH's will be approved by this Department.(b) Maintenance provider approval annual renewal will be considered upon submittal of application and proof of PDH at the close of each calendar year.(10) Maintenance Providers Responsibilities: (a) Any maintenance provider approved in accordance with this rule shall be responsible to provide proof of the operation and maintenance agreement referenced in this rule and the deed of the property, and paying the appropriate tracking fee for each ATS, SDD, or packaged system that the provider has under an operation and maintenance contract. Proof of maintenance contract and the associated tracking fee shall be due on the anniversary of the certificate of completion of the system.(b) Services provided by a maintenance provider shall include, but are not limited to, any operational or maintenance requirements in these rules for such systems operated and maintained.(c) In the event that a property owner chooses not to renew or cancels an operation and maintenance contract with a maintenance provider, the maintenance provider shall notify the Department within 30 days of such action.(d) Any maintenance provider approved in accordance with this rule will be responsible for maintaining manufacturers certification for any ATS models being maintained. Documentation of such certifications shall be provided to this department.(e) Maintenance providers shall be responsible for notifying this Department of any condition, event, or failure of an ATS, SDD or packaged system that is outside the parameters of routine operation.(f) Operation and maintenance visits shall be conducted by the approved maintenance provider. Any individual making such visits shall meet the requirements of this rule and be listed by this Department as an approved maintenance provider.Tenn. Comp. R. & Regs. 0400-48-01-.23
Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from1200-01-06.Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.