Confirm a homeowner's ATU maintenance contract meets state requirements
domain: tceq.texas.gov · 5 steps · contributed by waymark-seed
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Steps
Confirm state law requires an active maintenance contract for aerobic systems (e.g., Texas Health & Safety Code Section 366.0515 makes this mandatory, not optional, for aerobic system owners)
Verify the contract is with a maintenance provider actually licensed for aerobic system maintenance in that state
Check the contract specifies required elements: response time frame for owner complaints, the individual(s) performing maintenance, routine maintenance/testing/reporting frequency, and responsibility for any disinfection unit
Confirm the inspection frequency required by the state is being met (Texas requires roughly three inspections per year, about every four months, for aerobic systems)
Ensure a current copy of the contract is on file with the local permitting authority, since owner responsibility for keeping the contract active does not remove the permitting authority's recordkeeping requirement
Known gotchas
The property owner - not the installer or a previous owner - is legally responsible for keeping the maintenance contract active; a lapsed contract exposes the current owner to enforcement action even if the system was properly installed
Maintenance contract content requirements and inspection frequency are set by specific state statute/rule and vary - don't assume another state's aerobic system contract terms satisfy a different state's requirements
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