Section 217.95 - Alternative Collection System Service Agreements(a) An alternative collection system service agreement must be executed between the alternative collection system owner and each real property owner served by the alternative collection system. The service agreement must authorize the collection system owner to place and maintain alternative collection system components on the real property owner's property.(b) An alternative collection system service agreement must identify the owner of the on-site components and specify the responsible party for the construction and maintenance of the on-site components.(c) An alternative collection system owner shall submit a copy of the alternative collection system service agreement to the executive director with the summary transmittal letter required in § 217.6 of this title (relating to Submittal Requirements and Review Process), for the executive director to review.(d) An alternative collection system service agreement must include: (1) a requirement that the alternative collection system owner shall ensure that all existing alternative collection system components and building laterals that will be incorporated into a new or altered alternative collection system must be cleaned, inspected, tested, maintained, altered, or replaced, as necessary, to the satisfaction of the collection system owner before connecting the alternative collection system component to the collection system;(2) a requirement that the alternative collection system owner shall approve all materials and equipment before incorporating the materials and equipment into any construction or maintenance of an alternative collection system component;(3) a requirement that the alternative collection system owner shall have an engineer inspect and approve the installation of all new or replacement alternative collection system components before placing the system into service; (4) a provision that the alternative collection system owner shall have access at all reasonable times to inspect on-site alternative collection system components;(5) a provision that the alternative collection system owner has the right to make an emergency repair and perform emergency maintenance to any alternative collection system component, including building laterals and on-site collection system components;(6) a statement of whether the alternative collection system owner or the property owner is responsible for non-emergency maintenance of on-site components;(7) a statement of whether the alternative collection system owner or the property owner is responsible for paying maintenance costs for on-site components, or how the costs to each party will be determined if responsibility is shared;(8) a statement of whether the collection system owner or the property owner is responsible for paying the electrical power cost of operating an on-site component, or how the costs to each party will be determined if responsibility is shared;(9) a payment method, including a payment schedule, for the alternative collection system owner to recover costs paid by the alternative collection system owner that the property owner is responsible for paying;(10) a payment method, including a payment schedule, for the property owner to recover costs paid by the property owner that the alternative collection system is responsible for paying;(11) a provision that authorizes the alternative collection system owner to inspect and approve pretreatment units before installation;(12) a requirement that an on-site component owned by the alternative collection system owner must have an upstream isolation valve;(13) a requirement that an on-site component must have a service isolation valve located downstream on a service pipe from an on-site component to the collection system;(14) a provision that service isolation valves must be accessible to the alternative collection system owner at all times, through an easement or other legal agreement or contract between the property owner and the alternative collection system owner; and(15) a provision that the alternative collection system owner shall have the ability to collect, transport, and dispose of any residual material.30 Tex. Admin. Code § 217.95
The provisions of this §217.95 adopted to be effective August 28, 2008, 33 TexReg 6843; Amended by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8312, eff. 12/4/2015