CHAPTER 366. ON-SITE SEWAGE DISPOSAL SYSTEMS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-366-on-site-sewage-disposal-systems

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 366. ON-SITE SEWAGE DISPOSAL SYSTEMS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 366.001. POLICY AND PURPOSE. It is the public policy of

this state and the purpose of this chapter to:

(1) eliminate and prevent health hazards by regulating and

properly planning the location, design, construction,

installation, operation, and maintenance of on-site sewage

disposal systems;

(2) authorize the commission or authorized agent to impose and

collect a permit fee for:

(A) construction, installation, alteration, repair, or extension

of on-site sewage disposal systems; and

(B) tests, designs, and inspections of those systems;

(3) authorize the commission or authorized agent to impose a

penalty for a violation of this chapter or a rule adopted under

this chapter;

(4) authorize the commission to license or register certain

persons; and

(5) allow the individual owner of a disposal system to install

and repair the system in accordance with this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 880, Sec. 21, eff. Sept. 1,

2001.

Sec. 366.002. DEFINITIONS. In this chapter:

(1) "Authorized agent" means a local governmental entity

authorized by the commission to implement and enforce rules under

this chapter.

(2) "Commission" means the Texas Natural Resource Conservation

Commission.

(3), (4) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(2),

eff. Sept. 1, 2001.

(5) "Local governmental entity" means a municipality, county,

river authority, or special district, including an underground

water district, soil and water conservation district, or public

health district.

(6) "Nuisance" means:

(A) sewage, human excreta, or other organic waste discharged or

exposed in a manner that makes it a potential instrument or

medium in the transmission of disease to or between persons; or

(B) an overflowing septic tank or similar device, including

surface discharge from or groundwater contamination by a

component of an on-site sewage disposal system, or a blatant

discharge from an on-site sewage disposal system.

(7) "On-site sewage disposal system" means one or more systems

of treatment devices and disposal facilities that:

(A) produce not more than 5,000 gallons of waste each day; and

(B) are used only for disposal of sewage produced on a site on

which any part of the system is located.

(8) "Owner" means a person who owns a building or other property

served by an on-site sewage disposal system.

(9) "Sewage" means waste that:

(A) is primarily organic and biodegradable or decomposable; and

(B) generally originates as human, animal, or plant waste from

certain activities, including the use of toilet facilities,

washing, bathing, and preparing food.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.038,

eff. Aug. 12, 1991; Acts 1993, 73rd Leg., ch. 589, Sec. 1 to 3,

eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.113,

eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1127, Sec. 1, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 880, Sec. 25(2), eff.

Sept. 1, 2001.

Sec. 366.003. IMMUNITY. The commission, an authorized agent, or

a designated representative is not liable for damages resulting

from the commission's or authorized agent's approval of the

installation and operation of an on-site sewage disposal system.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.004. COMPLIANCE REQUIRED. A person may not construct,

alter, repair, or extend, or cause to be constructed, altered,

repaired, or extended, an on-site sewage disposal system that

does not comply with this chapter and applicable rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.005. NOTICE OF UTILITY SERVICE CONNECTIONS. (a) An

electric utility shall compile a list weekly for each county in

this state of the addresses located in an unincorporated area of

the county at which the electric utility has made new electric

service connections during the preceding week. The electric

utility shall submit the list to the county judge of the county,

or to a county officer or employee designated by the county

judge, who shall forward the list to each authorized agent having

jurisdiction over an area in which an address on the list is

included. The authorized agent may use the list for the purpose

of implementing and enforcing rules under this chapter. This

section does not apply to a reconnection of service to a location

previously served.

(b) An electric utility may not be held liable for a claim

arising from the provision of information under this section.

confidential and not subject to disclosure under Chapter 552,

Government Code, or otherwise, except as provided by this

section.

(d) The county judge shall forward the list compiled under

Subsection (a) to each appraisal district and each emergency

communication district in the county.

(e) In this section:

(1) "Appraisal district" means a district established under

Section 6.01, Tax Code.

(2) "Electric utility" means an investor-owned utility, electric

cooperative corporation, river authority, or municipally owned

utility that provides distribution service to retail customers of

electricity.

(3) "Emergency communication district" means a district

established under Chapter 772.

Added by Acts 1997, 75th Leg., ch. 1127, Sec. 2, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 15, Sec. 1, eff. May

3, 1999; Acts 1999, 76th Leg., ch. 333, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION AND

AUTHORIZED AGENTS

Sec. 366.011. GENERAL SUPERVISION AND AUTHORITY. The commission

or authorized agents:

(1) have general authority over the location, design,

construction, installation, and proper functioning of on-site

sewage disposal systems; and

(2) shall administer this chapter and the rules adopted under

this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.012. RULES CONCERNING ON-SITE SEWAGE DISPOSAL SYSTEMS.

(a) To assure the effective and efficient administration of this

chapter, the commission shall:

(1) adopt rules governing the installation of on-site sewage

disposal systems, including rules concerning the:

(A) review and approval of on-site sewage disposal systems; and

(B) temporary waiver of a permit for an emergency repair; and

(2) adopt rules under this chapter that:

(A) encourage the use of economically feasible alternative

techniques and technologies for on-site sewage disposal systems

that can be used in soils not suitable for conventional on-site

sewage disposal; and

(B) address the separation of graywater, as defined by Section

341.039, in a residence served by an on-site sewage disposal

system.

(b) In rules adopted under this chapter, the commission shall

include definitions and detailed descriptions of good management

practices and procedures for the construction of on-site sewage

disposal systems that:

(1) justify variation in field size or in other standard

requirements;

(2) promote the use of good management practices or procedures

in the construction of on-site sewage disposal systems;

(3) require the use of one or more specific management practices

or procedures as a condition of approval of a standard on-site

sewage disposal system if, in the opinion of the commission or

authorized agent, site conditions or other problems require the

use of additional management practices or procedures to ensure

the proper operation of an on-site sewage disposal system; and

(4) make available general, operational information to the

public.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995; Acts 2001, 77th Leg., ch. 880, Sec. 22, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 689, Sec. 3, eff. Sept. 1, 2003.

Sec. 366.013. INSTALLATION AND USE OF WATER SOFTENERS AND

REVERSE OSMOSIS SYSTEMS. (a) Except as provided by Subsection

(b), an owner may install or use a water softener that discharges

effluent into an on-site sewage disposal system only if the

installed water softener:

(1) conserves water by design;

(2) regenerates using a demand-initiated regeneration control

device, commonly known as a DIR device; and

(3) is clearly labeled as being equipped with a DIR device, with

the label affixed to the outside of the system so that it may be

inspected and easily read.

(b) An owner may use a water softener that discharges effluent

into an on-site sewage disposal system and that does not meet the

requirements of Subsection (a) if the water softener was

installed before September 1, 2003. The owner must replace the

water softener with a water softener that meets the requirements

of Subsection (a) if the owner:

(1) replaces the water softener; or

(2) installs a new on-site sewage disposal system for the

building or other property served by the existing system.

system that discharges effluent into an on-site sewage disposal

system.

(d) An owner may install and use a point-of-entry reverse

osmosis system that discharges effluent into an on-site sewage

disposal system if the calculated volume of effluent:

(1) does not cause hydraulic overloading; or

(2) has been adequately addressed in the design of the on-site

sewage disposal system.

(e) This section does not apply to an aerobic, nonstandard, or

proprietary on-site sewage treatment system unless the water

softener drain line to the system bypasses the treatment system

and flows into the pump tank or directly into the discharge

method.

(f) The commission by rule shall adopt and implement standards

for the use of water softeners and reverse osmosis systems in a

building or other property served by an on-site sewage disposal

system.

Added by Acts 2003, 78th Leg., ch. 966, Sec. 1, eff. Sept. 1,

2003.

Sec. 366.014. DESIGNATED PERSON. Subject to the requirements of

Section 366.071(b), the commission or an authorized agent may

designate a person to:

(1) review permit applications, site evaluations, or planning

materials; or

(2) inspect on-site sewage disposal systems.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 4, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 333, Sec. 59, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 880, Sec. 23, eff. Sept. 1, 2001.

Sec. 366.016. EMERGENCY ORDERS. The commission or authorized

agent may issue an emergency order concerning an on-site sewage

disposal system under Section 5.513, Water Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 38, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.011, eff. September 1, 2009.

Sec. 366.017. REQUIRED REPAIRS; PENALTY. (a) The commission or

authorized agent may require a property owner to repair a

malfunctioning on-site sewage disposal system on the owner's

property:

(1) not later than the 30th day after the date on which the

owner is notified by the commission or authorized agent of the

malfunctioning system if the owner has not been notified of the

malfunctioning system during the preceding 12 months;

(2) not later than the 20th day after the date on which the

owner is notified by the commission or authorized agent of the

malfunctioning system if the owner has been notified of the

malfunctioning system once during the preceding 12 months; or

(3) not later than the 10th day after the date on which the

owner is notified by the commission or authorized agent of the

malfunctioning system if the owner has been notified of the

malfunctioning system at least twice during the preceding 12

months.

(b) The property owner must take adequate measures as soon as

practicable to abate an immediate health hazard.

civil penalty under Chapter 7, Water Code, for each day that the

on-site sewage disposal system remains unrepaired.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 39, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1127, Sec. 3, eff. Sept. 1, 1997.

SUBCHAPTER C. DESIGNATION OF LOCAL GOVERNMENTAL ENTITY AS

AUTHORIZED AGENT

Sec. 366.031. DESIGNATION. (a) The commission shall designate

a local governmental entity as an authorized agent if the

governmental entity:

(1) notifies the commission that the entity wants to regulate

the use of on-site sewage disposal systems in its jurisdiction;

(2) in accordance with commission procedures, holds a public

hearing and adopts an order or resolution that complies with

Section 366.032; and

(3) submits the order or resolution to the commission.

(b) The commission in writing may approve the local governmental

entity's order or resolution, and the designation takes effect

only when the order or resolution is approved.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.032. ORDER OR RESOLUTION; REQUIREMENTS. (a) The local

governmental entity's order or resolution must:

(1) incorporate the commission's rules on abatement or

prevention of pollution and the prevention of injury to the

public health;

(2) meet the commission's minimum requirements for on-site

sewage disposal systems; and

(3) include a written enforcement plan.

(b) If the order or resolution adopts more stringent standards

for on-site sewage disposal systems than this chapter or the

commission's standards and provides greater public health and

safety protection, the authorized agent's order or resolution

prevails over this chapter or the standards.

substantive amendments to the agent's order or resolution.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.033. DELEGATION TO LOCAL GOVERNMENTAL ENTITIES. The

commission shall delegate to local governmental entities

responsibility for the implementation and enforcement of

applicable rules.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.034. INVESTIGATION OF AUTHORIZED AGENTS. (a) The

commission shall:

(1) conduct not more often than once a year an investigation of

each authorized agent to determine the authorized agent's

compliance with this chapter; and

(2) prepare an annual report concerning the status of the local

governmental entity's regulatory program.

(b) If the commission determines that an authorized agent does

not consistently enforce the commission's minimum requirements

for on-site sewage disposal systems, the commission shall hold a

hearing and determine whether to continue the designation as an

authorized agent.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.035. MANDATORY APPLICATION FOR AND MAINTENANCE OF

DESIGNATION. A local governmental entity that applies to the

Texas Water Development Board for financial assistance under a

program for economically distressed areas must take all actions

necessary to receive and maintain a designation as an authorized

agent of the commission.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 127, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff.

Sept. 1, 1995.

Sec. 366.036. COUNTY MAP. (a) If the commission designates a

local governmental entity as its authorized agent and if the

entity intends to apply to the Texas Water Development Board for

financial assistance under a program for economically distressed

areas, the commissioners court of the county in which the entity

is located shall prepare a map of the county area outside the

limits of municipalities. The entity shall give to the

commissioners court a written notice of the entity's intention to

apply for the assistance. The map must show the parts of the area

in which the different types of on-site sewage disposal systems

may be appropriately located and the parts in which the different

types of systems may not be appropriately located.

(b) The commissioners court shall file the map in the office of

the county clerk.

review the map and make changes to it as necessary to keep the

map accurate.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 127, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff.

Sept. 1, 1995.

SUBCHAPTER D. PERMITS; FEES

Sec. 366.051. PERMITS. (a) A person must hold a permit and an

approved plan to construct, alter, repair, extend, or operate an

on-site sewage disposal system.

(b) If the on-site sewage disposal system is located in the

jurisdiction of an authorized agent, the permit is issued by the

authorized agent; otherwise, the permit is issued by the

commission.

extend an on-site sewage disposal system that is owned by another

person unless the owner or owner's representative shows proof of

a permit and approved plan from the commission or authorized

agent.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.0512. MULTIPLE TREATMENT SYSTEMS. A multiple system of

treatment devices and disposal facilities may be permitted as an

on-site disposal system under this chapter if the system:

(1) is located on a tract of land of at least 100 acres in size;

(2) produces not more than 5,000 gallons a day on an annual

average basis;

(3) is used only on a seasonal or intermittent basis; and

(4) is used only for disposal of sewage produced on the tract of

land on which any part of the system is located.

Added by Acts 2001, 77th Leg., ch. 965, Sec. 20.03, eff. Sept. 1,

2001.

Sec. 366.0515. MAINTENANCE CONTRACT AND PERFORMANCE BOND. (a)

Except as provided by Subsection (g), an authorized agent or the

commission may not condition a permit or the approval of a permit

for an on-site sewage disposal system using aerobic treatment for

a single-family residence on the system's owner contracting for

the maintenance of the system.

(b) Except as provided by Subsection (a), an authorized agent by

order or resolution or the commission by rule may condition

approval of a permit for an on-site sewage disposal system on the

system's owner contracting for the maintenance of the system. If

a maintenance contract is required, the owner of the on-site

sewage disposal system must submit to the permitting authority:

(1) a signed contract for the maintenance of the on-site sewage

disposal system; and

(2) if the on-site sewage disposal system is located in a county

with a population of more than 2.8 million, a performance bond

obtained from the person with whom the owner of the on-site

sewage disposal system has contracted for maintenance of the

system.

(1) solely for the protection of the owner of the on-site sewage

disposal system;

(2) conditioned on the faithful performance of the maintenance

of the on-site sewage disposal system in accordance with plans,

specifications, laws, regulations, and ordinances of the state

and the authorized agent;

(3) in an amount reasonably related to the cost that the owner

of the on-site sewage disposal system would incur if the

maintenance company did not adhere to maintenance standards or

comply with applicable statutes, rules, or ordinances;

(4) executed by a corporate surety in accordance with Section 1,

Chapter 87, Acts of the 56th Legislature, Regular Session, 1959

(Article 7.19-1, Vernon's Texas Insurance Code);

(5) in a form approved by the permitting authority; and

(6) payable to the owner of the on-site sewage disposal system.

(d) If the owner of the on-site sewage disposal system enters

into a new maintenance contract or revises the original

maintenance contract, the owner must submit a copy of the new or

revised maintenance contract and a new performance bond to the

permitting authority not later than the 30th day after the date

on which the original contract terminates or is modified.

(e) The permitting authority may establish and collect a

reasonable fee to cover the cost of administering the performance

bond program.

(f) The installer of an on-site sewage disposal system shall

provide the owner of the system with information regarding

maintenance of the system at the time the system is installed.

(g) The owner of a single-family residence shall maintain the

system directly or through a maintenance contract. If an

authorized agent or the commission determines that an owner of a

single-family residence located in a county with a population of

at least 40,000 who maintains the owner's system directly has

violated this chapter or a rule adopted or order or permit issued

under this chapter, the owner, not later than the 10th day after

the date of receipt of notification of the violation, shall

correct the violation or enter into a contract for the

maintenance of the system. If before the third anniversary of

the date of the determination the owner is determined to have

committed another violation of this chapter or a rule adopted

under this chapter, the owner, not later than the 10th day after

the date of receipt of notification of the subsequent violation,

shall enter into a contract for the maintenance of the system.

An owner of a single-family residence located in a county with a

population of at least 40,000 who maintains the owner's system

directly and who violates this chapter or a rule adopted or order

or permit issued under this chapter is also subject to an

administrative penalty. The commission may recover the penalty

in a proceeding conducted as provided by Subchapter C, Chapter 7,

Water Code, or the authorized agent may recover the penalty in a

proceeding conducted under an order or resolution of the agent.

Notwithstanding Section 7.052, Water Code, the amount of the

penalty may not exceed $100.

(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 892, Sec. 3,

eff. September 1, 2007.

(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 892, Sec. 3,

eff. September 1, 2007.

(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 892, Sec. 3,

eff. September 1, 2007.

(k) If, under Subsection (b), an authorized agent or the

commission conditions approval of a permit for an on-site sewage

disposal system using aerobic treatment on the system's owner

contracting for the maintenance of the system, the order,

resolution, or rule may require the maintenance company to:

(1) inspect the system at specified intervals;

(2) submit a report on each inspection to the authorized agent

or commission; and

(3) provide a copy of each report submitted under Subdivision

(2) to the system's owner.

(l) A maintenance company that violates a provision of an order,

resolution, or rule described by Subsection (k) is subject to an

administrative penalty. The commission may recover the penalty

in a proceeding conducted as provided by Subchapter C, Chapter 7,

Water Code, or the authorized agent may recover the penalty in a

proceeding conducted under an order or resolution of the agent.

Notwithstanding Section 7.052, Water Code, the amount of the

penalty for the first violation of that order, resolution, or

rule is $200, and the amount of the penalty for each subsequent

violation is $500.

(m) If a maintenance company violates an order, resolution, or

rule described by Subsection (k) three or more times, the

commission, in the manner provided by Subchapter G, Chapter 7,

Water Code, may revoke the license or registration of the

maintenance company or any person employed by the maintenance

company issued under:

(1) Section 26.0301, Water Code;

(2) Chapter 37, Water Code; or

(3) Section 366.071 of this code.

(n) Repealed by Acts 2007, 80th Leg., R.S., Ch. 892, Sec. 3,

eff. September 1, 2007.

(o) Repealed by Acts 2007, 80th Leg., R.S., Ch. 892, Sec. 3,

eff. September 1, 2007.

Added by Acts 1997, 75th Leg., ch. 1127, Sec. 4, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1129, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

892, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

892, Sec. 3, eff. September 1, 2007.

Sec. 366.052. PERMIT NOT REQUIRED FOR ON-SITE SEWAGE DISPOSAL ON

CERTAIN SINGLE RESIDENCES. (a) Sections 366.051, 366.053,

366.054, and 366.057 do not apply to an on-site sewage disposal

system of a single residence that is located on a land tract that

is 10 acres or larger in which the field line or sewage disposal

line is not closer than 100 feet of the property line.

(b) Effluent from the on-site sewage disposal system on a single

residence:

(1) must be retained in the specified limits;

(2) may not create a nuisance; and

(3) may not pollute groundwater.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.053. PERMIT APPLICATION. (a) Application for a permit

must:

(1) be made on a form provided by the commission or authorized

agent; and

(2) include information required by the commission or authorized

agent to establish that the individual sewage disposal system

complies with this chapter and rules adopted under this chapter.

(b) The commission shall adopt rules and procedures for the

submission, review, and approval or rejection of permit

applications.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.054. NOTICE FROM INSTALLER. An installer may not begin

construction, alteration, repair, or extension of an on-site

sewage disposal system unless the installer notifies the

commission or authorized agent of the date on which the installer

plans to begin work on the system.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.055. INSPECTIONS. (a) The commission or authorized

agent shall review a proposal for an on-site sewage disposal

system and make inspections of the system as necessary to ensure

that the on-site sewage disposal system is in substantial

compliance with this chapter and the rules adopted under this

chapter.

(b) An on-site sewage disposal system may not be used unless it

is inspected and approved by the commission or the authorized

agent.

the commission, the authorized agent, or a designated

representative not later than the fifth working day before the

proposed date of the operation of an installation that the

installation is ready for inspection.

(d) The inspection shall be made on a date and time mutually

agreed on by the holder of a permit and the commission, the

authorized agent, or a designated representative.

(e) An installation inspection shall be made not later than the

second working day, excluding holidays, after the date on which

notification that the installation is completed and ready for

inspection is given to the commission, the authorized agent, or a

designated representative.

(f) The owner, owner's representative, or occupant of the

property on which the installation is located shall give the

commission, the authorized agent, or a designated representative

reasonable access to the property at reasonable times to make

necessary inspections.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.056. APPROVAL OF ON-SITE SEWAGE DISPOSAL SYSTEM. (a)

The commission or authorized agent may approve or disapprove the

on-site sewage disposal system depending on the results of the

inspections under Section 366.055.

(b) If a system is not approved under this section, the on-site

sewage disposal system may not be used until all deficiencies are

corrected and the system is reinspected and approved by the

commission or authorized agent.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.057. PERMIT ISSUANCE. (a) The commission shall issue

or authorize the issuance of permits and other documents.

(b) A permit and approved plan to construct, alter, repair,

extend, or operate an on-site sewage disposal system must be

issued in the name of the person who owns the system and must

identify the specific property location or address for the

specific construction, alteration, extension, repair, or

operation proposed by the person.

repair, or extend an on-site sewage disposal system if the

issuance of a permit conflicts with other applicable laws or

public policy under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995.

Sec. 366.058. PERMIT FEE. (a) The commission by rule shall

establish and collect a reasonable permit fee to cover the cost

of issuing permits under this chapter and administering the

permitting system. The commission may also use the fee to cover

any other costs incurred to protect water resources in this

state, including assessment of water quality, reasonably related

to the activities of any of the persons required to pay a fee

under the statutes listed in Section 5.701(q), Water Code.

(b) The commission at its discretion may provide variances to

the uniform application of the permit fee.

credit of the water resource management account.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 60, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 965, Sec. 3.08, eff. Sept. 1,

2001.

Sec. 366.059. PERMIT FEE PAID TO DEPARTMENT OR AUTHORIZED AGENT.

(a) The permit fee shall be paid to the authorized agent or the

commission, whichever performs the permitting function.

(b) The commission may assess a reasonable and appropriate

charge-back fee, not to exceed $500, to a local governmental

entity for which the commission issues permits for administrative

costs relating to the permitting function that are not covered by

the permit fees collected. The commission shall base the amount

of a charge-back fee under this subsection on the actual cost of

issuing a permit under this section. The commission may assess a

charge-back fee to a local governmental entity under this

subsection if the local governmental entity is an authorized

agent that:

(1) has repealed the order, ordinance, or resolution that

established the entity as an authorized agent; or

(2) has had its authorization as an authorized agent revoked by

the commission.

credit of the water resource management account.

(d) The commission may not assess a charge-back fee to a local

governmental entity if the local governmental entity has repealed

the order, ordinance, or resolution that established the entity

as an authorized agent or has lost its designation as an

authorized agent due to material change in the commission's rules

under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 61, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 965, Sec. 3.09, eff. Sept. 1,

2001.

SUBCHAPTER E. REGISTRATION OF INSTALLERS

Sec. 366.071. OCCUPATIONAL LICENSING AND REGISTRATION. (a) A

person who constructs, installs, alters, extends, services,

maintains, or repairs an on-site sewage disposal system or any

part of an on-site sewage disposal system for compensation must

hold a license or registration issued by the commission under

Chapter 37, Water Code.

(b) A person designated by an authorized agent under Section

366.014 must hold a license issued by the commission under

Chapter 37, Water Code.

including visiting a site and performing a soil analysis, a site

survey, or other activities necessary to determine the

suitability of a site for an on-site sewage disposal system must

hold a license issued by the commission under Chapter 37, Water

Code, unless the person is licensed by the Texas Board of

Professional Engineers as an engineer.

(d) The commission may implement a program under Chapter 37,

Water Code, to register persons who service or maintain on-site

sewage disposal systems for compensation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 5, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.113, eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 880, Sec. 24.

Amended by:

Acts 2005, 79th Leg., Ch.

1129, Sec. 2, eff. September 1, 2006.

Acts 2005, 79th Leg., Ch.

1129, Sec. 4, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

892, Sec. 2, eff. September 1, 2007.

SUBCHAPTER F. PENALTIES

Sec. 366.092. INJUNCTION OR CIVIL SUIT. (a) If it appears that

a person has violated, is violating, or is threatening to violate

any provision of this chapter, or any rule, permit, or other

order of the commission issued pursuant to this chapter, an

authorized agent or, at the request of the commission, the

attorney general may bring a civil suit for:

(1) mandatory or prohibitory injunctive relief, as warranted by

the facts;

(2) a civil penalty as provided by this chapter; or

(3) both injunctive relief and civil penalty.

(b) Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(4),

eff. Sept. 1, 1997.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 589, Sec. 7, eff. Aug. 30,

1993; Acts 1997, 75th Leg., ch. 1127, Sec. 5, eff. Sept. 1, 1997.

Sec. 366.0922. COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT

REQUEST. A local government may request that the commission

initiate an enforcement action under this chapter through a

petition filed with the commission. If the commission chooses to

initiate an enforcement action on behalf of a local government,

civil penalties recovered shall be divided between the local

government and the state based on the proportion of resources

expended by each entity in the course of enforcement action.

Added by Acts 1993, 73rd Leg., ch. 589, Sec. 8, eff. Aug. 30,

1993. Amended by Acts 1997, 75th Leg., ch. 1127, Sec. 6, eff.

Sept. 1, 1997.

Sec. 366.0923. FEES AND COSTS RECOVERABLE. If an authorized

agent or the state prevails in a suit under this subchapter, it

may recover reasonable attorney's fees, court costs, and

reasonable investigative costs incurred in relation to the

proceeding.

Added by Acts 1993, 73rd Leg., ch. 589, Sec. 8, eff. Aug. 30,

1993. Amended by Acts 1997, 75th Leg., ch. 1127, Sec. 7, eff.

Sept. 1, 1997.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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