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(3), (4) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(2),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.
(c) Information provided by a utility under this section is
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.
(c) An owner may install and use a point-of-use reverse osmosis
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.
(c) The property owner may be assessed an administrative or a
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.
(c) An authorized agent must obtain commission approval of
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.
(c) The commissioners court, at least every five years, shall
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.
(c) A person may not begin to construct, alter, repair, or
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.
(c) A performance bond required by Subsection (b) must be:
(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.
(c) A holder of a permit issued under this chapter shall notify
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.
(c) The commission may not issue a permit to construct, alter,
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.
(c) Fees collected under this section shall be deposited to the
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.
(c) Fees collected under this section shall be deposited to the
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.
(c) A person who conducts preconstruction site evaluations,
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.