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Texas Mandatory Maintenane Contracts

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lostntexas

Junior Member
The Trinity River Authority acting as an agent of the Texas Commission On Environmental Quality mandates that the owner of an Aerobic Septic System maintain a license to operate the system. The license is renewed each year and a renewal fee of $20.00 is charged. They also require a maintenance contract be purchased from a certified licensed “maintenance provider” (average cost $200.00 per year).

After researching thoroughly I have discovered that the so called “maintenance contract” has nothing to do with maintenance on the aerobic septic system and everything to do with the testing and reporting of the affluent being discharged into the environment, this information is needed by TRA for entry into their data base for tracking compliance of Texas clean water standards.

I have no problem being held accountable for compliance with the law.

I do have a problem with being forced to pay a third party to report back to the authority’s on my compliance or noncompliance.

Why not just hire someone to ride along with you when you drive an automobile to monitor your speed and report back to the authority’s when you exceed the speed limit?

Paying the salary of the policeman is one thing but paying a third party to report you to the policeman is something else.:eek:

I could be wrong but it seems to me that the fifth amendment is being violated in this arrangement.

My number two concern with this regulation is it is deceptive. The aerobic septic system owner is lead to believe he is paying for and receiving maintenance on his equipment when he is not. TCEQ dictates the terms of the contract, they provide the “professional maintenance provider” with a check list of components to check off, beside each component you check off as operative or inoperative.

The filter on an air pump for instance will remain operative long after it is due for cleaning or replacement.
Being operative has nothing to do with maintenance and falls under the category of inspection. The air pump filter on my system went for over three years being checked off as operative and became so clogged that I decided I’d risk going ahead and violating the law by replacing it myself. When the air pump fails due to a dirty filter guess who pays the $800.00 to $1,000.0 cost to replace it. It's not TRA and it's not the professional maintenance provider.

The deceptive nature of the contract in my opinion should render it unconscionable and unenforceable by the courts.

I am now in violation of TRA Order R-1048-1 a class C misdemeanor punishable by fines of $500.00 a day for refusing to renew my aerobic system maintenance contract.

Any ideas as to what I should say to the judge? :confused: Any comment will be appreciated. :D
 
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Mass_Shyster

Senior Member
A trial court judge must apply the law (as it exists) to the facts. A trial court judge cannot change the law. Changing laws is the domain of the appeals courts. In order to prevail in your argument that the law is unjust, you must show the trial court judge a decision from a higher court in the same jurisdiction that the law has been found to be unjust.

When decision comes down, you can file an appeal. This is where you argue that the law should be changed because it is unjust.

Good luck.
 

Country Living

Senior Member
I don't have an answer to your specific question. I'm sure you've been all the way through the TCEQ website. I will share with you what I do know.
  • I am not in a county that participates in a water conservation district (the Trinity is one such district) so I can't specifically address conservation district rules. If you're under the Trinity, then you must be in or close to the recharge zone.
  • The conservation districts are mandated to make sure all the rules of the state and the district are followed and therefore they have the right to oversee the enforcement of such rules.
  • The TCEQ changes its mind every year or so.
Last year I was told the TCEQ still mandated maintenance checks; but, the system owner could be trained to do the checks themselves. BUT, if (when) the TCEQ changed its mind and went back to a formal inspection, then the owner would have to pay for a complete re-inspection / re-certification to get the system registered with the state.

We pay $270 a year for three "maintenance" checks on our aerobic system and that includes any and all fees to the state. The maintenance checks include making sure the system comes on by raising the float, whacking the dirt out of the air filter, making sure the alarm works, and sending a form to the TCEQ. I am confident my six year old grandson could do this.

We decided it was a lot less hassle to continue having a third party company perform the maintenance checks and deal with the state than to try to navigate through the TCEQ red tape ourselves whenever they changed their mind.

My last air pump replacement was $400 (we have a Thomas). We just bought a repair kit (diaphrams, etc) to keep on hand for the next time it quits working so we can repair it ourselves. Nothing in my maintenance contract says the septic company must perform all repairs.

You're butting heads with the state and the conservation district. I know you're standing on the principle of the thing - but, it's going to be a whole lot cheaper to pay them each year. Another reason to play by their rules is if you decide to sell you house you'll have to prove your system is under contract and has all the correct paperwork filed with each agency.

If it makes you feel any better, it won't be long before the TCEQ has oversight on all septic systems, not just aerobic. That should twist the heads off the people with leach fields because there won't be any grandfathering.
 

lostntexas

Junior Member
You're butting heads with the state and the conservation district. I know you're standing on the principle of the thing - but, it's going to be a whole lot cheaper to pay them each year.

Yeah your right I should just pay up and shut up but at 67 going on 100 I’ve had enough BS from these people.

I’ve got to fight this one out to the end no mater what it cost me. The worst they can do is house and feed me for the rest of my life.

I held a Texas Air Conditioning and Heating Contractors license for over thirty years and twenty of those years I also held a Texas Plumbing license. Now TCEQ wants to tell me that I’m to dumb to maintain my own equipment and I have to hire some guy that has trouble tying his own shoes to do it for me?

If they would just be honest and say it was an inspection fee I’d pay it and shut up.

But to call it a “maintenance contract” and make it illegal for me to do the real maintenance my equipment needs is just going too far.
 

Country Living

Senior Member
No, the worse they can do is leave you homeless. If they condemn your septic system, there might be a move right behind it to consider your house uninhabitable since it doesn't have a "functioning" septic.

I completely understand your frustration. You're simply not going to win this one. The problem is you're just not dealing with the TCEQ - you also have to work with the Trinity Conservation District. These districts have come down with a heavy hand to ensure water is available - and safe - for generations. Ineffective septic systems are one way to pollute the zone. It makes no difference if the septic system is safe - if the conservation district doesn't consider it compliant, then they don't consider it safe.

Good luck.
 

lostntexas

Junior Member
If you're hell bent on fighting it, the correct way is to pay for the maintenance contract, and sue for the money that you spent.
Steve I’m not sure you understand. It’s not so much about just me or the money I’ve spent, It’s about holding these little politically appointed water districts accountable for the regulations they write and the way they enforce them. If everyone just holds their nose and pays up to avoid a confrontation where does this country go from here? Below is a letter I sent to TRA maybe you will better understand why someone needs to make waves. The system they run is not working in the best interest of clean water and will never work until changes are made.

Re: TRA Order R-1048-1

Dear Mr Gerard,

I’d like to make clear to TRA and TCEQ the reasoning behind my refusal to comply with your order R-1048-1.

The maintenance contract mandated by TRA is not a maintenance contract. It is an inspection contract. It only requires the licensed maintenance provider to inspect and verify certain components of the aerobic system are operational and test for chlorine residual in the affluent being discharged from the system.

I understand the need for TRA to require an ongoing inspection and testing program in order to insure the affluent discharge from the aerobic septic systems in your jurisdiction is not harmful to the environment and all components of the system are operational.

Equipment being operational and passing a test is one thing and maintenance is another. An automobile driven 30 to 40 thousand miles without an oil change can be operational and pass the test of starting up and being driven down the road but that doesn’t constitute maintenance.

I hope you will understand that my concern is with my equipment being maintained properly. I have a large investment in my aerobic system and on my income I can not afford expensive repair and replacement cost.

The present situation is unacceptable . You are not getting reliable inspection and testing reports in order to assure public health and safety, and I am not getting the maintenance I need to assure me of trouble free operation of my equipment over it’s expected lifetime.

If TRA needs to charge fees to support an inspection and testing program for my equipment I have no objection to paying the fee. However the inspection and testing should be done by TRA and not a third party contractor with an undeniable conflict of interest.

My resistance to Order R-1048-1 is a matter of principle not a matter of money. If I had a million dollars in the bank I would resist the order just as strongly. To represent the existing inspection and testing program as a maintenance contract is dishonest at best.

To deny the home owner the ability to perform the proper maintenance needed on his investment is inexcusable.

Order R-1048-1 not only forces me to buy a fraudulent contract, It makes it illegal for me to perform the maintenance my system needs.

I have discussed the situation with Representative Jim McReynolds and he is now looking into the matter of the home owner exemption.

The home owner exemption is not the problem in my opinion. The real problem is how TRA and TCEQ enforces compliance concerning the affluent discharge of aerobic septic systems.

You can not rely on the professional maintenance provider. He is the same individual installing the aerobic systems. You don’t rely on him to install the system properly, you send out a TRA employee to inspect his work because you understand he has a conflict of interest. He has that same conflict of interest as maintenance provider.

The only solution I can envision is for TRA to provide the inspection and testing on the aerobic septic system themselves.

Hopefully you will endeavor to find a better way to conduct your business. The present system is counter productive to your interest and mine.
 

Mass_Shyster

Senior Member
Steve I’m not sure you understand. It’s not so much about just me or the money I’ve spent, It’s about holding these little politically appointed water districts accountable for the regulations they write and the way they enforce them. If everyone just holds their nose and pays up to avoid a confrontation where does this country go from here? Below is a letter I sent to TRA maybe you will better understand why someone needs to make waves. The system they run is not working in the best interest of clean water and will never work until changes are made.

My point is that they are not going to change because one person wrote a letter, or because one person refuses to pay the bill. This is their fifedom and they don't want to give it up. They will not voluntarily give it up, but that is exactly what you are asking them to do.

Your only real option to fight this is to challenge their legal ability to charge demand this maintenance contract. This will take a lawsuit, and most likely a lawyer. You can still pay for a contract, be in compliance with the law, and file a lawsuit challenging the law. If you pay the fees, and lose the lawsuit, you've lost the battle. If you refuse to pay the fee and lose, you've lost the battle and the war (your home).
 

Country Living

Senior Member
You listed facts - facts are good. The only thing you didn't include in your letter was a viable option. The Trinity River Authority will come back and tell you they're not staffed to perform these tasks and that is why they outsource them.

You listed a reasonable option early in your letter: call this an inspection instead of maintenance. The important reason to delineate between the two is, to the septic owner, maintenance implies the system has been checked (e.g. oil changed in the car) and no obvious issues were identified. An inspection means the system is within an acceptable tolerance level for compliance with the conservation district and the state. Your car analogy was excellent.

Thinking about that - I'm not sure what "real maintenance" would be on a septic system. Our aerator just quits with no warning (which is why we purchased a repair kit this time). The light and the alarm comes on to let us know it's not working. The gurgling sounds means the system is working. When our float is manually lifted the alarm goes off for a second and the sprinklers come on. Chlorine tablets are in the holder. The filter gets whacked (never replaced unless we do it). There's no way to tell the system needs to be pumped. The date of the visit is updated on the tag. The big difference is my service provider calls this an inspection - not maintenance.

One other solution may be to contact a local aerobic installer and ask if he does real maintenance checks (and what does that entail) on the systems. If so, is he in a position to complete and file the paperwork with the conservation district and the state. You will have to get permission from the conservation district (in writing) to choose your own service provider.

They check the actual chlorine level in your water? I've NEVER had my chlorine checked except when the guy pulls out the chlorine holder to make sure it has at least three tablets in it.

Steve has a valid point. Comply with the rules and take it to court. In retrospect, you might find you should be spending your money on an attorney versed in the rules of the TRA instead of taking this on yourself.
 

lostntexas

Junior Member
Thinking about that - I'm not sure what "real maintenance" would be on a septic system. Our aerator just quits with no warning (which is why we purchased a repair kit this time).
Real maintenance on my air pump ( a Gast rotary vane) consist of removing and cleaning the filter by blowing out the dirt with compressed air, if the felt filter media is damaged you need to replace the filter. Next you need a 0 to 5 psi air pressure gauge to take an accurate back pressure reading at the schrader valve located near the pump on the discharge line. The reading should be between 2.5 and 3.5 psi. This reading is very important, less than 2.5 you don’t get the proper aeration in the treatment tank and if allowed to exceed 4 psi for an extended period of time your air pump will be damaged. A high back pressure is usually cause by clogging of the air diffuser. Proper maintenance is to remove and clean or replace diffuser stones or screens rather than replace an air pump every couple of years.

The discharge pump that feeds the spray heads also should be removed from the tank and the screen checked and cleaned if needed. A clogged screen will cause a pump to fail. The treatment tank and the affluent tank needs to be checked for floating scum. The scum needs to be removed with a very fine mesh net. All the wires inside the terminal box should be tightened from time to time. Nothing difficult about proper maintenance but it does need to be done on a regular schedule.

That’s what makes this law so bad. The home owner who knows what is needed, is forbidden by this law from doing it himself. Most aerobic system owners I’ve talked to don’t even know not to use swimming pool chlorine and the professional maintenance provider will not take the time to explain why it shouldn’t be used.
 

lostntexas

Junior Member
They check the actual chlorine level in your water? I've NEVER had my chlorine checked except when the guy pulls out the chlorine holder to make sure it has at least three tablets in it. [/QUOTE said:
Yeah:D Thats the whole idea behind this law. The only way you know the water being sprayed on you yard is safe is the residual chlorine test.

The presence of free residual chlorine in water is correlated with the absence of disease-causing organisms, and thus is a measure of the potability of water.

You can have a hundred tabs in the chlorinator and that tells you nothing.

The maintenance guy should take a sample out of the affluant tank and do the text. Write down the results on the testing and reporting record, send a copy in the the authority, give you one and keep one in his records.

My provider has not taken a sample for testing in three years, he just writes down .2 on the report after looking to see if I have tabs in the chlorinator.

No one is watching why should these guy's do anything. They get paid anyway:confused:
 

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