septic tank requirements in texas

386 (H.B. Sec. A minimum free residual chlorine of 2.0 parts for each one million units of water in a public spa and a minimum free residual chlorine of 1.0 part for each one million units of water in other public swimming pools or in artificial swimming lagoons, or any other method of disinfectant approved by the department, must be maintained in a public swimming pool in use or in an artificial swimming lagoon in use. Sept. 1, 1989. 346 (H.B. PENALTIES CUMULATIVE. Acts 2015, 84th Leg., R.S., Ch. (a) A public water supply system shall stop operations on receipt of a written notification of the executive director of the commission or an order of the commission issued under this section. Acts 1989, 71st Leg., ch. 341.03571. Acts 2015, 84th Leg., R.S., Ch. In general, a properly installed, sited and maintained septic system should not adversely affect water quality. The location of the plumbing outlet usually dictates where the tank is located and depth of the tank to account for adequate slope on the inlet pipe. 8May require gravel analysis for further suitability analysissee 285.30(b)(1)(B). 1 (S.B. 11, eff. June 20, 2003. Sept. 1, 1989. 341.048. 3, eff. 341.068. Sept. 1, 1993. (l) In adopting rules governing lifesaving equipment to be maintained by a public swimming pool, the executive commissioner may not require a separate throwing line longer than two-thirds the maximum width of the pool. In general, LCSSs may be found serving the following facilities: 2205), Sec. 1, eff. 2, eff. (a) Notwithstanding any other law, a municipality, county, or other local health authority may abate, without notice, a public health nuisance under Section 341.011(7) that: (1) is located on residential property that is reasonably presumed to be abandoned or that is uninhabited due to foreclosure; and. Guidance on how to select the proper system and an installer. September 1, 2013. 341.038. An operator, manager, or superintendent of a public building, schoolhouse, theater, filling station, tourist court, bus station, or tavern shall provide and maintain sanitary toilet accommodations. September 1, 2011. Sec. April 2, 2015. Acts 1989, 71st Leg., ch. 341.069. 1086), Sec. 3, eff. This person will complete a report on the condition of the soil and also mark any features on the property that the system will need to be separated from. 1, eff. Typically, it should be located on level ground so solids can settle in the tank. RESTROOM AVAILABILITY WHERE THE PUBLIC CONGREGATES. Each day of a continuing violation may be considered a separate violation. 1, eff. (i) An owner, agent, manager, operator, or other person in charge of a public water supply system that furnishes water for public or private use or a wastewater system that provides wastewater services for public or private use shall maintain internal procedures to notify the commission immediately of the following events, if the event may negatively impact the production or delivery of safe and adequate drinking water: (1) an unusual or unexplained unauthorized entry at property of the public water supply or wastewater system; (2) an act of terrorism against the public water supply or wastewater system; (3) an unauthorized attempt to probe for or gain access to proprietary information that supports the key activities of the public water supply or wastewater system; (4) a theft of property that supports the key activities of the public water supply or wastewater system; or. 7 locations provide Septic Services in Wood County, Texas. Tree and shrub roots can ensnarl and damage drainfield pipes. 1391), Sec. September 1, 2009. (2) provide every practical means of eliminating rats in the structure. 1842), Sec. For the easiest and most worry-free installation, trust Van Delden Wastewater Systems to design and install the septic system for your new construction. They typically can assist you with locating a septic system professional in your area. (e) The distribution system of a public drinking water supply and that of any other water supply may not be physically connected unless the other water is of a safe and sanitary quality and the commission approves the connection. 951 (H.B. An automatic reminder provided under this subsection is a courtesy. (h) Bathing suits and towels furnished to bathers shall be thoroughly washed with soap and hot water and thoroughly rinsed and dried after each use. 19, eff. The overgrowth of algae consumes oxygen and blocks sunlight from underwater plants. 341.067. (b) Food and beverages sold in a fairground, public park, or amusement center shall be: Sec. Our services are demolition hauling, debris removal, landscaping, excavation, pool removal, and many more. For example, an on-site sewage system must be at least 10 feet from a private water line and 50 feet from streams, ponds, rivers, and lakes. (9) "Toilet" means the hopper device for the deposit and discharge of human excreta into a water carriage system. 341.035(b) and amended by Acts 1997, 75th Leg., ch. Sec. 5, eff. 3391), Sec. Brief descriptions of treatment and disposal systems. June 14, 2013. SANITATION AND ENVIRONMENTAL QUALITY, CHAPTER 341. A failing septic system likely discharges untreated wastewater, which contains pathogens (e.g.. 3.1639(72), eff. | Texas Homeland Security (9) "Toilet" means the hopper device for the deposit and discharge of human excreta into a water carriage system. 341.001. Regulation of onsite wastewater treatment systems: For additional information,visit EPA'sFunding for Septic Systemsor Water Finance Clearinghouse. (2) environmental standards that relate to the health and safety of the employees of industrial establishments in this state. (2) request the attorney general to institute the proceedings or provide assistance in the prosecution of the proceedings, including participation as an assistant prosecutor when appointed by the prosecuting attorney. The permitting authority must either approve or deny the planning materials you submitted with your permit application within 30 days after receipt. FINANCIAL ASSURANCE FOR CERTAIN SYSTEMS. (2) acquires after the effective date of the ordinance if the hydrants and infrastructure comply with the standards adopted by the ordinance at the time the hydrants and infrastructure are acquired. A septic system professional will walk your property and determine where the system and its components are located. In general, do not use additives made of organic solvents or strong alkali chemicals because they pose a potential threat to soil structure and groundwater. (2) ensure that water treated by a desalination facility meets the requirements of Section 341.031 and rules adopted under that section. Septic Tanks. are installed similar to an absorptive drainfield, however, the effluent is deposited into bottomless chambers that are linked together with solid walled pipe and are allowed a reduction in the absorptive drainfield sizing formula. September 1, 2019. (8) "Septic tank" means a covered water-tight tank designed for sewage treatment. Sec. Vegetables can potentially be exposed to sewage effluent and unsafe to consume. 606 (S.B. 1, eff. 341.062. 678, Sec. 1 (S.B. 8. Sept. 1, 1993; Acts 2003, 78th Leg., ch. (d) Livestock may not be permitted to enter or remain in the wellhouse enclosure of a public drinking water supply system. 1 bedroom home, less than 750 sq. The Centers for Disease Control and Prevention (CDC) cannot attest to the accuracy of a non-federal website. 2, eff. 341.050. 1, eff. 238 0 obj <> endobj (a) A person who operates a public water supply on a contract or volunteer basis must hold a registration issued by the commission under Chapter 37, Water Code. Renumbered from Health and Safety Code Sec. Sealy, Texas 77474 Phone: 979 . Basics for Septic Systems On-site sewage facilities, or OSSFs, must be designed on the basis of a site evaluation that accounts for local conditions. (f) A person known to be or suspected of being infected with a transmissible condition of a communicable disease shall be excluded from a public swimming pool and from an artificial swimming lagoon. 3142), Sec. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The representatives also act on The commission may establish a schedule of fees. 341.033. (a) The commission may require the owner or operator of a public drinking water supply system that was constructed without the approval required by Section 341.035, that has a history of noncompliance with this subchapter or commission rules, or that is subject to a commission enforcement action to: (1) provide the executive director of the commission with a business plan that demonstrates that the system has available the financial, managerial, and technical resources adequate to ensure future operation of the system in accordance with applicable laws and rules; and. (8) violates a provision of Section 341.036. Renumbered from Health and Safety Code Sec. The work of installing a septic system in Texas is supposed to be handled by an authorized installation expert or 186), Sec. September 1, 2013. The owner or manager of a water supply system that is operated by a volunteer shall maintain a record of each volunteer operator showing the name of the volunteer, contact information for the volunteer, and the time period for which the volunteer is responsible for operating the water supply system. Custom tanks are also available. (d) Not later than the 10th day after the date on which the preliminary report is issued, the executive director of the commission shall give written notice of the report to the person charged with the violation. What is in untreated water that can make you sick. 1814), Sec. Routine inspections help prevent expensive repairs to your system or avoid a sewage backup in your home. 1, eff. Yes. (b) An owner, agent, manager, operator, or other person in charge of a water supply system that furnishes water for public or private use may not knowingly furnish contaminated drinking water to a person or allow the appliances of the water supply system to become unsanitary. (c) Waste products, offal, polluting material, spent chemicals, liquors, brines, garbage, rubbish, refuse, used tires, or other waste of any kind may not be stored, deposited, or disposed of in a manner that may cause the pollution of the surrounding land, the contamination of groundwater or surface water, or the breeding of insects or rodents. (3-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. September 1, 2015. 11.14, eff. IDENTIFICATION REQUIREMENT FOR DEVICE WITH APPEARANCE OF FIRE HYDRANT THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE EMERGENCY. Under most regulatory programs, the local permitting agency conducts a site assessment to determine whether the soils can provide adequate treatment. (o) A county or municipality may by order close, for the period specified in the order, a public swimming pool or an artificial swimming lagoon within the jurisdiction of the county or municipality if the operation of the public swimming pool or artificial swimming lagoon violates this section or a permitting or inspection requirement imposed by the county or municipality under Subsection (n). September 1, 2013. Slab Removal The term does not include hotels, churches, restaurants, bowling centers, public or private elementary or secondary schools, or historic buildings. Added by Acts 1997, 75th Leg., ch. 606 (S.B. expected to rectify the situation within a month, Failure to do so can result in being charged in a court of 341.0695. September 1, 2009. (a) The commission by rule shall adopt and implement minimum standards for the indoor and outdoor use and reuse of treated graywater and alternative onsite water for: (1) irrigation and other agricultural purposes; (2) domestic use, to the extent consistent with Subsection (c); (a-1) The standards adopted by the commission under Subsection (a)(2) must allow the use of graywater and alternative onsite water for toilet and urinal flushing. Sec. Minimum Required Separation Distances for On-Site Sewage Facilities. 122 (H.B. 1, eff. 341.0355. 678, Sec. 341.031. In general, you can avoid a septic system failure by: Inspecting your system every 1 to3 years, Pumping the tank every 3 to5 years or as needed, Avoiding excess water use (e.g. 1, eff. Sec. home| (a) A person may not cause, suffer, allow, or permit a violation of this subchapter or a rule or order adopted under this subchapter. Sept. 1, 1989. 341.0391. (2) Every septic tank shall be constructed in such a manner that . Amended by Acts 1993, 73rd Leg., ch. 3. (e) The executive commissioner by rule shall authorize a minor addition, alteration, renovation, or repair to an existing pool or spa and related mechanical, electrical, and plumbing systems in the same manner and arrangement as the executive commissioner authorized the construction of the pool or spa and related mechanical, electrical, and plumbing systems. 3), Sec. 1013 (H.B. 341.092. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. have a license from the state of Texas. 1, eff. (B) is located in a place that an entity responsible for providing fire suppression services in a fire emergency would expect a fire hydrant to typically be located. Sec. Sec. Sec. (a) A person may not furnish drinking water to the public for a charge unless the production, processing, treatment, and distribution are at all times under the supervision of a water supply system operator holding a license issued by the commission under Chapter 37, Water Code. It is usually about 10 feet away from the building. 678, Sec. Some properties can be served by a conventional gravity septic tank and drainfield, while others may require advanced technologies for wastewater treatment or alternate drainfields like low pressure pipe or drip distribution systems. (d) A person is not required to file a business plan under Subsection (a)(1) or (b) if the person: (2) is a retail public utility as defined by Section 13.002, Water Code, unless that person is a utility as defined by that section; (3) has executed an agreement with a political subdivision to transfer the ownership and operation of the water supply system to the political subdivision; (4) is a Class A utility, as defined by Section 13.002, Water Code, that has applied for or been granted an amendment of a certificate of convenience and necessity under Section 13.258, Water Code, for the area in which the construction of the public drinking water supply system will operate; or. Let's talk about aerobic septic system laws in Texas. The tank must have a treatment and disposal facility. We specialize in landscape design, installation, and maintenance. 1337 (S.B. The tank should be properly vented. Added by Acts 2013, 83rd Leg., R.S., Ch. Section 300f et seq.). 341.0358. An official website of the United States government. Harris County Fire Code Regulations (Amended 12/14/2021, Effective 03/01/2022) Adopted Ordinance of Harris County, Texas regarding licensing of Junkyards and Automotive Wrecking and Salvage Yards. Because the TCEQ has no control over the posting of material to these sites, the agency cannot take responsibility for their continued validity and maintenance. Sept. 1, 1989. Water treatment plants, including aeration, coagulation, mixing, settling, filtration, and chlorinating units, shall be of a size and type prescribed by good public health engineering practices. If solids leave the tank, the treatment area will not perform as designed and the effective life of the onsite system could be substancially reduced. (d) A person who inspects homes and businesses to identify potential or actual cross-connections or other contaminant hazards in public water systems must hold a license issued by the commission under Chapter 37, Water Code, unless the person is licensed by the Texas State Board of Plumbing Examiners as a plumbing inspector or water supply protection specialist. Buy Texas Septic Tanks for sale at the lowest prices online. Aug. 12, 1991. 2002-2023 Texas Commission on Environmental Quality, Getting a Permit for an On-Site Sewage Facility - Such as a Septic System, https://www.tceq.texas.gov/permitting/ossf/ossfpermits.html, https://www.tceq.texas.gov/@@site-logo/TCEQ-logo-header.png, Texas Health and Safety Code Chapter 366, Subchapter D, Title 30 Texas Administrative Code (TAC), Chapter 285, Subchapter A, Title 30 Texas Administrative Code (TAC), Chapter 285, Subchapter D, On-Site Sewage Facilities (Septic Systems) Home. 11.14, eff. Projects associated with single-family residence or manufactured homes.. Find information about permits for construction and remodeling projects outside corporate city limits in Travis County, such as: 821 (H.B. 1 (S.B. Sec. Acts 2007, 80th Leg., R.S., Ch. Other rules may allow a system to be abandoned in place where there is little potential for environmental, health, or safety impacts. are constructed with either pipe and gravel, leaching chambers, or gravel-less pipe in either a trench or bed configuration and backfilled with sand. 1468), Sec. Septic system inspections should be done every 1 to3 years for as long as you own your home. . 2, eff. Choose from Single Compartment , Two Compartment, and Three Compartment tanks. (e) A municipality with a population of less than 1.9 million that adopts standards under Subsection (b) or that seeks to use a utility's water for fire suppression shall enter into a written memorandum of understanding with the utility to provide for: (f) A municipality may notify the commission of a utility's failure to comply with a standard adopted under Subsection (b). LOMR for West Little York Bridge over Bear Creek. must be designed by a professional engineer when secondary treatment is required. Sec. 742, Sec. contact| Freshwater rivers, lakes, and ponds are more sensitive to phosphorus contamination from failing septic systems. 1, eff. Sept. 1, 1993. Sept. 1, 2001. For general information on maintenance of your septic system, consult EPAs. spreading out laundry use over the week). (b) The department may sue in a court of competent jurisdiction to compel compliance with a rule adopted under this section. (3) "Residential area" has the meaning assigned by Section 341.0358. can only be installed by an Installer Class II. DRINKING WATER SUPPLY COMPARATIVE RATING INFORMATION. (b) The executive commissioner shall adopt by rule pool safety standards necessary to prevent drowning. A .gov website belongs to an official government organization in the United States. 2, eff. 5, eff. 1010, Sec. Free guide published by Texas Water Resources Institute. Sec. 3. (a) In this section: (2) "Municipal utility" means a retail public utility, as defined by Section 13.002, Water Code, that is owned by a municipality. 3.0861, eff. 341.049. Sec. FEES. Typically, a septic tank made of concrete may last 50 years or more, although older tanks may not be as well constructed as newer tanks. (f) A public drinking water supply may not be connected to a sprinkling, condensing, cooling, plumbing, or other system unless the connection is designed to ensure against a backflow or siphonage of sewage or contaminated water into the drinking water supply. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. (3) the county in which the violation or threat of violation occurs. GARBAGE, REFUSE, AND OTHER WASTE. (3) both injunctive relief and a civil penalty. 695 (H.B. (2) is an immediate danger to the health, life, or safety of any person. The notice shall include a brief summary of the charges, a statement of the amount of the penalty recommended, and a statement of the right of the person charged to a hearing on the occurrence of the violation, the amount of the penalty, or both. (4) "Utility" includes a "public utility" and "water supply or sewer service corporation" as defined by Section 13.002, Water Code. 1, eff. April 2, 2015. June 15, 2007. (b) The commission by rule may assess penalties and interest for late payment of fees owed by persons who own, operate, or maintain public drinking water supply systems. NUISANCE. 1010, Sec. You may appeal this decision to the local governmental entity authorized by the TCEQ (e.g., Commissioner's Court, City Council, River Authority Board, Public Health District Board, etc). Acts 2015, 84th Leg., R.S., Ch. Operational Permits. (c) The notice must specify the nature of the public health nuisance and designate a reasonable time within which the nuisance must be abated. In some cases, there may be visual signs you have a septic system. Getting a Permit for an On-Site Sewage Facility - Such as a Septic System Permitting for on-site sewage facilities producing 5,000 gallons per day or less of domestic sewage, including septic systems, pump-out stations, holding tanks, and hauling systems. June 17, 2005. Texas Septic Tank Requirements. Among other factors, the commission shall consider equity among persons required to pay the fees as a factor in determining the amount of the fees. (c) Each day of a continuing violation is a separate offense. Amended by Acts 1995, 74th Leg., ch. 1 (S.B. If you notice an odor, it may be coming from a roof vent or other vent pipe that allows the system pressure to equalize. (3) a municipality, including any industrial district within the municipality or its extraterritorial jurisdiction, with a population of more than 11,000 and less than 18,000 located in a county with a population of more than 125,000 and less than 230,000. Added by Acts 1993, 73rd Leg., ch. (j) A county, a municipality, or the department may by order close, for the period specified in the order, an interactive water feature or fountain if the operation of the fountain or water feature violates this section or a permitting or inspection requirement imposed under Subsection (i). sized and constructed in accordance with 285.33(b)(1). (b) For purposes of this section, a device is considered to be nonfunctioning if the device pumps less than 250 gallons of water per minute. EPA does not make recommendations on individual septic system products. hb```l cb2xI.y! The supply must meet the requirements of Section 341.031 and commission rules. Groundwater contamination with pathogens, chemicals or nutrients that affect drinking water wells. are sized and constructed in accordance with 285.33(b)(3). (a) An owner, manager, operator, or other attendant in charge of a public swimming pool, wading pool, baby pool, hot tub, in-ground spa, water park, spray fountain, or other artificial body of water typically used for recreational swimming, bathing, or play shall comply with relevant pool safety standards adopted under this section. 6.20, eff. 33, eff. Following Texas, septic system laws will help to ensure that we continue to have good water quality for all our residents. 11.16, eff. (a) A person may not use or permit to be used in a business, manufacturing establishment, or other place of employment a process, material, or condition known to have a possible adverse effect on the health of the person's employees unless arrangements have been made to maintain the occupational environment in a manner that such injury will not occur. (1) require that the owner or operator of a public swimming pool or of an artificial swimming lagoon within the jurisdiction of the county or municipality obtain a permit for operation of the public swimming pool or artificial swimming lagoon; (2) inspect a public swimming pool or an artificial swimming lagoon within the jurisdiction of the county or municipality for compliance with this section; and. (a) In this section, "direct potable reuse" means the introduction of treated reclaimed municipal wastewater either: (1) directly into a public water system; or. 341.011. 905), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. Some states add water resource protection provisions to their septic system regulations because of the possible impacts from nitrogen and phosphorus. Commercially available microbiological and enzyme additives are promoted to reduce sludge and scum accumulation in septic tanks. (d) An ordinance under Subsection (b) may not require a utility to build, retrofit, or improve infrastructure in existence at the time the ordinance is adopted. Sec. 1240 (S.B. 16 (S.B. Septic tanks have been in use since the late 1800s. are sized and constructed in accordance with 285.33(d)(3). However, it is not only when you are buying a home that these inspections are needed. are sized and constructed in accordance with 285.33(d)(1). 1, eff. If he or she spots errors or deficiencies, then these must be corrected before additional construction can be completed. In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. Once authorization is received by the builder, construction of the system can begin. June 17, 1997. 5.95(49), (59), eff. (f) A person may use, maintain, and repair a pool or spa that was in compliance with the laws of this state on August 31, 2021, and related mechanical, electrical, and plumbing systems in accordance with the laws applicable to the pool or system on that date. An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200. (5) a natural disaster, accident, or act that results in damage to the public water supply or wastewater system. 678, Sec. 2781), Sec. are pressurized absorptive drainfields constructed above the native soil surface. are sized and constructed in accordance with 285.33(b)(2). A good number of the local authorities in Texas have become authorized agents of the 1, eff. Acts 2019, 86th Leg., R.S., Ch. (1) within the jurisdiction of a governmental entity that maintains its own system for labeling or color coding its hydrants; or. (g) An owner, manager, or agent of a tourist court, hotel, inn, or rooming house may not rent or furnish a unit to a person succeeding a previous occupant before: (2) providing clean and sanitary sheets, towels, and pillowcases. (c) A customer who uses a toilet facility as authorized by this section shall leave the toilet facility in the same condition as it was before the customer used the toilet facility. 606 (S.B. Local permitting programs can be more stringent than the state law. (1) "Alternative onsite water" means rainwater, air-conditioner condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission. FIRE HYDRANT FLOW AND PRESSURE STANDARDS IN CERTAIN MUNICIPALITIES. Acts 2019, 86th Leg., R.S., Ch. 678, Sec. The lifespan of a septic system depends on the material it is made of, the design, installation, service and exposure conditions, and maintenance of the system. (B) post with the commission a supersedeas bond in a form approved by the commission for the amount of the penalty to be effective until all judicial review of the order or decision is final. 353, Sec. It's the system of choice for approximately 20% of the new homes built in Texas.an On-Site Sewage Facility (OSSF), commonly called a "septic system." (3) "Drinking water" means water distributed by an individual or public or private agency for human consumption, for use in preparing food or beverages, or for use in cleaning a utensil or article used in preparing food or beverages for, or consuming food or beverages by, human beings. If you have questions about a post or would like additional information, please Surfacing untreated wastewater from a failed drainfield is a direct public health hazard to anyone exposed to it. Anyone who gets involved in the installation process must also 349 (H.B. 2, eff. In making any penalty decision, the commission shall consider each of the factors provided by Subsection (b). Also, place the septic tank where it is accessible for future inspections and pump outs. 828 (S.B. (d) The owner or manager of a water supply system furnishing drinking water to less than 25,000 persons shall submit to the commission during each monthly period of the system's operation at least one specimen of water taken from the supply for bacteriological analysis. 1010, Sec. (2) "Watering point" means a place where drinking water is placed aboard a vehicle operated as a common carrier. April 2, 2015. (Texas Water Resources Institute photo) When the algae eventually die, the oxygen in the water is consumed. Through 1997 in Central Texas, septic tanks followed by subsurface disposal systems were commonly the systems being installed. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 11.14, eff. Any sewage treatment method has two components: a pre-treatment option, such as a septic tank or sand filter, and a dispersal system, such as a leach field or low-pressure distribution setup. 1073), Sec. Harris County Summary of Changes to ROW Regulations 219), Sec. June 15, 2017. Sec. Added by Acts 1997, 75th Leg., ch. 18, eff. (d) Money used under Subsection (c)(1) for a utility's system may not exceed the amount of the civil or administrative penalties the utility has paid. (g) The construction and appliances of a public swimming pool and of an artificial swimming lagoon must be such as to reduce to a practical minimum the possibility of drowning or of injury to bathers. JavaScript appears to be disabled on this computer. (b) A local health authority who receives information and proof that a public health nuisance exists in the local health authority's jurisdiction shall issue a written notice ordering the abatement of the nuisance to any person responsible for the nuisance. 341.042. 3 bedroom homes, less than 2,250 sq. Flushing only human waste and toilet paper down the toilet. 76, Sec. Other than subdivision regulations, Smith County has no local building policies for construction in unincorporated areas of the county. (a) The water utility improvement account is created outside of the state treasury.

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