A person must hold a permit and an approved plan to construct,
alter, repair, extend, or operate an on-site sewage disposal
facility.
Is a permit always
required?
With few exceptions as detailed below, a permit is required to
construct, install, alter, extend, or repair an On-site Sewage
Facility (OSSF). Always check with your
local permitting authority. Local permitting programs can be
more stringent than the state law.
Texas law does allow for an OSSF to be exempt from permitting if
the OSSF:
- serves a single family residence on a tract of land that is 10
acres or larger,
- is not causing a nuisance or polluting groundwater,
- all parts of the OSSF are at least 100 feet from the property
line,
- the effluent is disposed of on the property, and
- the single family residence is the only dwelling located on the
tract of land.
A permit is also not required for emergency repairs, as defined
in 
30 TAC Subchapter D, 285.35 (replacing tank
lids, inlet and outlet devices, and repair of solid lines).
However, emergency repairs must be reported to the permitting
authority within 72 hours after repairs have begun.
Even if a permit is not required, the OSSF must meet minimum state standards.
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I do not have a permit for
my OSSF. Do I need one?
Maybe. If the OSSF is grand fathered or exempt from permitting
requirements, then a permit is not required.
An OSSF is grand fathered if it:
- was installed:
- before a local program had an
authorized program, or
- before September 1, 1989, whichever is earlier.
- has a treatment and disposal facility, and
- has had no significant increase in its use.
An OSSF is exempt from permitting if the OSSF:
- serves a single family residence on a tract of land that is 10
acres or larger and is not required to have a permit from the
local permitting authority,
- the OSSF is not causing a nuisance or polluting
groundwater,
- all parts of the OSSF are at least 100 feet from the property
line,
- the effluent is disposed of on the property, and
- the single family residence is the only dwelling located on the
tract of land.
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How do I obtain a
permit?
You will need to contact the
local permitting authority where the OSSF is located. In order
for the permitting authority to approve the permit, planning materials must be submitted with the
appropriate
application used by the authorized authority. If there is no
authorized authority for your area, submit the TCEQ application
found at the Related Link above right.
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How long does the
permitting authority have to review my permit application?
The permitting authority must either approve or deny the
planning materials submitted with a permit application within 30
days after they receive it.
If the application is denied, the permitting authority must tell
you in writing why the planning materials were denied. You may
appeal the permitting authority's 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).
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Which system should I
select?
Before you can
select an OSSF which will determine the detail of planning
materials that will be submitted with a permit application, a
preconstruction site evaluation must be conducted. Beginning
September 1, 2002, the site evaluation must be conducted by either
a
licensed site evaluator or a licensed professional engineer. The evaluation
includes conducting a soil analysis in the proposed disposal area,
conducting a survey of the entire lot, and identifying other
criteria necessary to determine the site's suitability for a
standard OSSF system.
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Where can I obtain a
roster of professional engineers, professional sanitarians, or
professional geo-scientists?
The links provided below will take you off the TCEQ Web
server. These links are provided solely as a courtesy. 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.
Can I install my own
OSSF?
Yes. However, there may be some systems that will not be sold to
a property owner since they must be installed by a factory
representative.
If you compensate any person during any phase of the OSSF
installation (e.g., hire someone to do backhoe work or trenching),
the individual performing the work must be a
licensed installer of the correct level, except:
- A licensed electrician, or
- A person who delivers a treatment or pump tank to a site
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What laws and rules
govern permitting?
The links provided below will take you off the TCEQ Web
server. These links are provided solely as a courtesy. 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.
Texas Health and Safety Code Chapter 366,
Subchapter D is the state law that governs the OSSF permitting
program.
Title 30 Texas Administrative Code (TAC), Chapter
285, Subchapter A contains the rules for the OSSF
permitting.
Title 30 Texas Administrative Code (TAC), Chapter
285, Subchapter D contains the rules for planning,
construction, and installation of an OSSF.
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