Aerobic maintenance contract template

Texas: the six provisions, at a minimum

30 TAC §285.7(d)(1) lists what every OSSF maintenance contract must contain. “At a minimum” is the rule’s own wording — the six are a floor, not a complete contract, and everything about price, liability and cancellation is yours to set.

• Items covered by the contract: “list items that are covered by the contract” (30 TAC §285.7(d)(1)(A))
• Complaint response time frame: “specify a time frame in which the maintenance provider or maintenance technician will visit the property in response to a complaint by the property owner regarding the operation of the system” (30 TAC §285.7(d)(1)(B))
• Name of the responsible maintenance provider: “specify the name of the maintenance provider who is responsible for fulfilling the terms of the maintenance contract” (30 TAC §285.7(d)(1)(C))
• Frequency of routine maintenance, testing and reporting: “identify the frequency of routine maintenance and the frequency of the required testing and reporting” (30 TAC §285.7(d)(1)(D))
• Who maintains the disinfection unit: “identify who is responsible for maintaining the disinfection unit” (30 TAC §285.7(d)(1)(E))
• Provider's business physical address and telephone number: “indicate the business physical address and telephone number for the maintenance provider” (30 TAC §285.7(d)(1)(F))

North Carolina: five contents, and a term as long as the system

• Contract in effect for as long as the system is in use: “A contract for operation and maintenance of a wastewater system required to be maintained by a Management Entity, as specified in Table XXXII of Rule .1301(b) of this Section, shall be in effect for as long as the system is in use.” (15A NCAC 18E .1303(b))
• Specific requirements for operation, maintenance and reporting: “specific requirements for operation, maintenance, and associated reporting” (15A NCAC 18E .1303(b)(1))
• Responsibilities of the owner: “responsibilities of the owner” (15A NCAC 18E .1303(b)(2))
• Responsibilities of the Management Entity: “responsibilities of the Management Entity” (15A NCAC 18E .1303(b)(3))
• Notification to the LHD by owner and Management Entity on termination: “provisions for notification to the LHD by the owner and Management Entity upon termination of the contract” (15A NCAC 18E .1303(b)(4))
• Other requirements for continued performance: “other requirements for the continued performance of the system, as determined by the Management Entity, LHD, and Department, as applicable” (15A NCAC 18E .1303(b)(5))

What else each rule set puts on you

The contract is one obligation among several. These are the rest, in the rules’ own words — they do not all belong in the contract, but a contract written without knowing them tends to promise the wrong things.

• Initial two-year service policy (new systems): “The initial two-year service policy shall be effective for two years from the date the OSSF is first used. For a new single family dwelling, this date is the date of sale by the builder. For an existing single family dwelling this date is the date the notice of approval is issued by the permitting authority.” (30 TAC §285.7(c))
• Signed contract to the permitting authority 30 days before expiry: “the owner is required to have a new maintenance contract signed and submitted to the permitting authority at least 30 days before the contract expires unless the owner maintains the system, as excepted by paragraph (4) of this subsection” (30 TAC §285.7(d)(2))
• Provider ends the contract: 30-day written notice: “if the maintenance provider discontinues the maintenance contract, the maintenance provider shall notify, in writing, the permitting authority, the manufacturer, and the owner at least 30 days before the date service will cease” (30 TAC §285.7(d)(3)(A))
• Owner ends the contract: provider gives 30-day written notice: “if the owner discontinues the maintenance contract, the maintenance provider shall notify, in writing, the permitting authority and the manufacturer at least 30 days before the date service will cease” (30 TAC §285.7(d)(3)(B))
• Owner's new contract within 30 days after termination: “the owner shall contract with another maintenance provider and provide the permitting authority with a copy of the new signed maintenance contract no later than 30 days after termination, unless the owner meets the requirements of paragraph (4) of this subsection” (30 TAC §285.7(d)(3)(C))
• Self-maintenance not available for commercial, speculative residential or multifamily property: “An owner may not maintain an OSSF under the provisions of this section for commercial, speculative residential, or multifamily property.” (30 TAC §285.7(d)(4)(B))
• Reports to the permitting authority and owner within 14 days: “be submitted to the permitting authority and the owner within 14 days after the date the test is performed” (30 TAC §285.7(e)(1)(B))
• Weather-resistant tag on the system: “the maintenance provider shall install a weather resistant tag, or some other form of weather resistant identification, on the system at the beginning of each maintenance contract” (30 TAC §285.7(e)(2))
• Maintenance provider signs all reports: “Effective September 1, 2009, the maintenance provider must sign all maintenance reports.” (30 TAC §285.7(b)(3))
• Two tests a year with qualifying electronic monitoring (optional): “The number of required tests may be reduced to two per year for all systems having electronic monitoring and automatic telephone or radio access that will notify the maintenance provider of system or components failure and will monitor the amount of disinfection in the system.” (30 TAC §285.7(e)(3))
• Buyer's 30-day window after transfer (deed affidavit): “that at any time after the initial two-year service policy, the owner of an aerobic treatment system for a single family residence shall either obtain a maintenance contract within 30 days of the transfer or maintain the system personally” (30 TAC §285.3(b)(3))
• Executed before the Operation Permit is issued: “A contract shall be executed between the system owner and a Management Entity prior to the issuance of an OP, unless the system owner and Management Entity are the same.” (15A NCAC 18E .1303(b))
• Proprietary advanced pretreatment: manufacturer authorization: “For proprietary advanced pretreatment systems, the contract shall be with either the manufacturer, manufacturer's representative, or a Management Entity authorized in writing by the manufacturer or manufacturer's representative to operate the system.” (15A NCAC 18E .1302(c))
• Owner gives the LHD contract documentation before OP issuance or re-issuance (advanced pretreatment): “Prior to the issuance or re-issuance of an OP for an advanced pretreatment system, the owner shall provide to the LHD documentation that a contract for operation and maintenance of the system is in place with a Management Entity.” (15A NCAC 18E .1302(c))
• Operator certified, at minimum, as a subsurface operator: “the operator shall, at a minimum, be certified as a subsurface operator in accordance with G.S. 90A, Article 3, and 15A NCAC 08G” (15A NCAC 18E .1304(a))
• Inspection frequency per Table XXXII or the RWTS/PIA Approval: “The Management Entity shall inspect the wastewater system at the frequency specified in Table XXXII in Rule .1301(b) of this Section or in accordance with the RWTS or PIA Approval.” (15A NCAC 18E .1304(b))
• Inspection report to owner, LHD and manufacturer within 30 days: “The Management Entity shall provide a copy of the inspection report, including results of the VIP with respect to compliance criteria as specified in the RWTS or PIA Approval and effluent sampling, to the owner, LHD, and manufacturer within 30 days of the system inspection.” (15A NCAC 18E .1304(c))
• LHD notified within 48 hours when repairs are needed: “When inspections indicate the need for system repairs, the Management Entity shall notify the LHD within 48 hours.” (15A NCAC 18E .1304(d))
• Routine maintenance and monitoring per the OP and contract: “The Management Entity shall be responsible for conducting routine maintenance procedures and monitoring requirements in accordance with the conditions of the OP and the contract.” (15A NCAC 18E .1304(e))
• Non-renewal notice to the LHD and proprietary manufacturer: “The Management Entity shall notify the LHD and the proprietary advanced pretreatment manufacturer, as applicable, when the owner or the Management Entity chooses not to renew an operation and maintenance contract executed in accordance with this Rule.” (15A NCAC 18E .1304(f))
• Inspection report to the Department centralized data management system: “The Management Entity shall submit the inspection report to the Department centralized data management system.” (15A NCAC 18E .1304(g))
• Sampling results reported to owner, LHD, Department and manufacturer: “The results of all sampling shall be reported by the Management Entity to the owner, LHD, Department, and the proprietary advanced pretreatment manufacturer.” (15A NCAC 18E .1302(e))
• Owner contacts the LHD when the system is malfunctioning: “The owner shall contact the LHD when the wastewater system is malfunctioning.” (15A NCAC 18E .1303(a)(2))
• Septic tank contents removed at the one-third rule: “wastewater systems shall be inspected, and the entire contents of all septic tank compartments shall be removed whenever the depth of both the scum and sludge is found to be more than one-third of the liquid depth in any compartment” (15A NCAC 18E .1303(a)(3))

What this template is not

It is not legal advice and it is not a finished agreement. It marks and cites what the rules require so a lawyer reading it can see what is load-bearing, and leaves the commercial terms blank because those are yours. Have it reviewed for your business before you use it.