Rule Petition Rulemaking Project

• Revise Title 30, Texas Administrative Code (30 TAC) 285.2 Compensation to include the service of on-site sewage facilities in the definition.
• Revise 30 TAC 285.2 Direct Communication to include the maintenance provider and the maintenance technician in the definition.
• Add a definition for Dry Wash or Drainage Way to 30 TAC 285.2.
• Clarify that an Individual is also a Person in 30 TAC 285.2.
• Add a definition for Intermittent Stream to 30 TAC 285.2.
• Add a definition for Pumper Technician to 30 TAC 285.2.
• Add a definition for Pumping Services to 30 TAC 285.2.
• Add a definition for Site to 30 TAC 285.2.
• Revise 285.3(d) to increase the authorization to construct (ATC) validity period to two years from the date of issuance of the ATC.
• Revise 285.3(f) to clarify that the ten-acre exemption does not exempt the On-Site Sewage Facility (OSSF) from complying with Chapter 285 but only exempts the OSSF from certain requirements.
• Revise 285.7 to require that the maintenance provider install a weather resistant tag that is visible so that the OSSF owner can more easily obtain the maintenance provider’s contact information.
• Revise 285.32(b)(D) to require the risers to extend from the tank surface to at least two inches above grade.
• Revise 285.32(b)(F) to allow the installer to use pictures or videos to provide verification to the permitting authority that the backfilling requirements were met for the installation of the OSSF.
• Revise 285.32(b)(H) to eliminate the option for the permitting authority to require leak testing to the top of the tank riser(s).
• Revise 285.21(c) to eliminate the option for the permitting authority to require leak testing to the top of the tank riser(s).
• Update 285.33(c)(C) to the correct formula for sizing gravel-less drain fields.
• Update 285.33(c) to remove outdated requirements for filtering devices.
• Update 285.33(d)(G)(iii)(I) to remove outdated requirements for systems that require timers.
• Update 285.33(d)(G)(iii)(II) to remove outdated requirements for systems that require timers.
• Update 285.33(d)(G)(v) to remove requirements for color-coded fittings.
• Update 285.33(d)(iii) to clarify that the provision does not apply to drip irrigation systems.
• Revise 285.34(b) to eliminate the option for the permitting authority to require leak testing to the top of the tank riser(s).
• Revise 285.34(b) to add the word ‘hydraulic’ to clarify that the flows that are referenced are hydraulic flows.
• Revise 285.34(c) to only require wire to be installed in approved, rigid, non-metallic gray ode electrical conduit when the wire is buried.
• Revise 285.38(c) to require the risers on cleanout ports over the port openings to extend to at least two inches above grade.
• Delete 285.38(d) which has requirements for risers that do not meet the requirements of 285.38(c).
• Revise 285.38(d) to replace the word ‘watertight’ with ‘raintight’.
• Revise 285.39(b) to use the same terminology that is used throughout Chapter 285, namely, using the phrase ‘on-site sewage facility’ rather than ‘treatment tank’ and adding new type of registration/license for individuals who pump sludge from OSSFs.
• Revise 285.64(a) to clarify that the owner of an OSSF has a right to, and is responsible for, contracting and with a maintenance provider of their choice once the 2-year initial contract expires.
• Update Chapter 285.91 Table X to include the three added terms: ‘dry wash’, ‘drainage way’, and ‘intermittent stream’.
• Update Chapter 285 and 30 to implement a multiple purpose license to include installers, apprentices, designated representatives, site evaluators, maintenance providers, and maintenance technicians.
• Clarify that an Individual is also a Person in 30.7.

• Revise 30 TAC 285.34 to allow direct bury wiring as is allowed by the National Electric Code.
• Revise 30 TAC 285.7(e) to reduce the reporting requirements for maintenance providers.
• Revise 30 TAC 285.7(e)(B) to reduce the reporting requirements for maintenance providers.
• Revise 30 TAC 285.64(a) to reduce the reporting requirements for maintenance providers.

TCEQ elicited comments from the regulated community and citizens of Texas via five virtual stakeholder meetings beginning September 23, 2021 and ending October 7, 2021.  After careful consideration by TCEQ staff of all comments received, staff made recommendations to the TCEQ Commissioners at an agenda meeting held on January 30, 2023.

Key Dates

• Proposal – 12/12/2020
• Public Comment – 09/3/2021 - 10/11/2021
• Public Hearing – 12/30/2023

All Stakeholder meetings were held virtually as follows:

Microsoft Teams Live - Thursday, September 23, 2021, at 6:00 p.m.

Microsoft Teams Live - Tuesday, September 28, 2021, at 6:00 p.m.

Microsoft Teams Live - Thursday, September 30, 2021, at 6:00 p.m.

Microsoft Teams Live - Tuesday, October 5, 2021, at 6:00 p.m.

Microsoft Teams Live - Tuesday October 7, 2021, at 6:00 p.m.

Individuals attended the scheduled meetings and provided informal oral comments. The commenters registered to provide informal comments at the meeting by emailing Rules@tceq.texas.gov with the following key information: date of meeting to be attend, their name, their affiliation, their email address, and their phone number. Instructions for participating in the meeting will be sent two business days prior to the meeting to those who have registered to provide informal oral comments.

The meeting made available special communication or other accommodation needs for people planning to register to provide informal comments by contacting Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). No requests were made for special communication or other accommodation.

Written stakeholder comments were submitted to Ms. Lee Bellware, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov.

Electronic comments were submitted at: https://www6.tceq.texas.gov/rules/ecomments/. All comments referenced Rule Project Number 2021-030-285-CE. The comment period closed October 11, 2021.

Current version of 30 TAC 285

• Texas Administrative Code Chapter 285 - On-Site Sewage Facilities (Effective July 6, 2023).

Commission Actions on Petition filed by the Texas On-Site Wastewater Association, Inc.

• Texas On-Site Wastewater Association, Inc, Docket No. 2020-1450-PET

Commission Actions on Petition filed by the B&J Wakefield Services, Inc.

• B&J Wakefield Services, Inc, Docket No. 2020-1450-PET