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On-Site Sewage Facility Rule Petition

Information on the status of the rule petition, upcoming stakeholder opportunities, and resulting agency actions.

Thirty-two rule petitions were filed by the Texas On-Site Wastewater Association, Inc., and four rule petitions were filed by the B&J Wakefield Services, Inc. Following are the actions the petitions are seeking.

  • 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  • Update 285.33(c) to remove outdated requirements for filtering devices.
  • Update 285.33(d)(G)(iii)(I) to remove outdated requirements for systems that require timers.
  • Update 285.33(d)(G)(iii)(II) to remove outdated requirements for systems that require timers.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.

Important! Individuals who plan to attend the scheduled meetings and want to provide informal oral comments must register by September 15, 2021. Please see the Stakeholder Input tab below for more information.

TCEQ will elicit comments from the regulated community and citizens of Texas via five virtual stakeholder meetings beginning September 23, 2021 and ending October 7, 2021. Meeting dates are listed below.  After careful consideration by TCEQ staff of all comments received, staff will make recommendations to the TCEQ Commissioners at an agenda meeting. Status updates on the rule petitions, including how to attend the stakeholder meetings, will be posted on this page. 

Key Dates

  • Proposal – 12/12/2020
  • Public Comment – 09/3/2021 - 10/11/2021
  • Adoption – To be determined

All Stakeholder meetings will be virtual and held:

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

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

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

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

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


Individuals who plan to attend the scheduled meetings and want to provide informal oral comments must register by September 15, 2021. To register for a meeting and provide informal comments during the meeting, please email Rules@tceq.texas.gov and provide the following information: date of meeting you plan to attend, your name, your affiliation, your email address, and your 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.

Persons who have special communication or other accommodation needs who are planning to register to provide informal comments should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible in order to allow adequate time to set up accommodations.

Written stakeholder comments may be 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 may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2021-030-285-CE. The comment period closes October 11, 2021. Please choose one form of submittal when submitting written stakeholder comments.

Current version of On-Site Sewage Facility Rules Compilation (RG-472)

This publication is currently being revised with the updated 30 TAC Chapter 285 rules. After revision we will re-publish it on this webpage.

TCEQ Regulatory Guidance 472 - On-Site Sewage Facility Rules Compilation.


Current version of 30 TAC 285Exit the TCEQ

Texas Administrative Code Chapter 285 - On-Site Sewage Facilities (Effective December 29, 2016).


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