Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-48 - Water Resources (Groundwater Protection)
Chapter 0400-48-01 - Regulations To Govern Subsurface Sewage Disposal Systems (Transferred from 1200-01-06)
Section 0400-48-01-.10 - EFFLUENT TREATMENT DEVICES / SYSTEMS

1. Any manufacturer intending to market an ATS model in Tennessee shall submit evidence to the Department showing that the model has been tested and meets the provisions of the NSF Standard 40. All testing of ATS models must be performed by a certifier that has been accredited by the American National Standards Institute (ANSI). All ATS models marketed in Tennessee shall be listed by NSF as meeting the provisions of Standard 40 for Class I systems.

2. All pertinent data regarding the ATS unit including; installation guidelines, owner's manuals, maintenance requirements, authorized dealers, warranty information and unit design and configuration shall be submitted to the Department for consideration. If the Commissioner determines that the ATS model meets the requirements of this rule, he will inform the manufacturer in writing.

3. The Department will maintain a list of approved ATS models that have submitted the required information and are compliant with the requirements in these regulations. The department may remove any ATS model if the model fails to meet the requirements of this section or if the performance of an ATS is deemed to endanger public health.

4. To maintain ATS model approval, all manufacturers shall maintain an adequate level of replacement parts and service.

1. After December 31, 2009, only an individual certified by the manufacturer and approved by this Department in accordance with Rule0400-48-01-.19 shall install or personally supervise the installation of each ATS. Once an ATS is installed pursuant to this section, the owner of the property shall perpetually operate and maintain it properly. This requirement shall run with the land and be binding upon all future owners of the property. A maintenance provider approved by this department in accordance with Rule0400-48-01-.23 shall perform this operation and maintenance on the ATS.

2. Routine operation and maintenance shall be performed at three-month intervals. However, the frequency of system visits may be adjusted by the Commissioner depending upon the ATS's complexity, system performance and manufacturer's recommendations.

3. The manufacturer shall execute a four (4) year operation and maintenance contract with the owner of each ATS sold and installed. The costs of such contract shall be included in the original price of the installed ATS. The contract shall require that the manufacturer provide the following services, unless the damage or failure is caused by abuse by the homeowner or a third party outside the control of the manufacturer or technician.

1. An ATS will be considered for residential wastewater applications up to fifteen hundred (1500) gallons per day. However, commercial applications may be considered by the department on an individual basis.

2. A deed restriction must be recorded with the deed of the property providing notification to all future owners that the property is served by an ATS and subject to the operation and maintenance requirements of these regulations. Proof of that recording must be provided to this office before any permit is issued for an ATS.

3. The property owner at the time of initial installation of the ATS and any subsequent owner, for the life of the system, shall have in effect a contract for operation and maintenance of the ATS with an approved maintenance provider under Rule 0400-48-01-.23. These contracts will be reviewed by this department on an annual basis. Failure of a property owner to maintain such a contract will be considered a Class C misdemeanor and subject to civil penalties for each violation or day that the violation continues.

4. Any ATS permitted for installation shall be properly equipped to participate in NSF's web-based onsite monitoring program, or such other program deemed by the Department to be substantially similar, to assure that the system is maintained in perpetuity. The manufacturer shall provide the necessary equipment and include the cost for participation for the first four years in the price of the ATS after which time the maintenance provider contracted to operate and maintain the system will be responsible for participation. Participation in the NSF monitoring program is required for the life of the system or until cessation of the program by NSF or the Commissioner.

5. An ATS used as part of a packaged Subsurface Drip Disposal (SDD) system must maintain approval from this department.

6. All ATS shall incorporate or be preceded by a septic or trash tank. ATS units that have a trash tank size specified in their NSF listing shall have trash tanks sized accordingly. ATS units that do not have trash tank requirements in their NSF listing shall be preceded by a septic tank sized in accordance with Rule 0400-48-01-.08.

7. All ATS shall incorporate appropriate sensors and telemetric alarms that are capable of immediately notifying the maintenance provider and this Department of a critical malfunction as determined by the Commissioner.