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Questions or Comments: ossf@tceq.texas.gov

Getting a Permit for an OSSF - Such as a Septic System

Permits are required for on-site sewage facilities (OSSFs) including septic systems and holding tanks. This page offers guidance on selecting a system and installer.

A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.
TCEQ is not often the OSSF permitting authority. If you are applying for an OSSF within TCEQ jurisdiction, you may use this application and submit to your TCEQ Regional Office’s OSSF Program.

What are some tips I can follow if my OSSF is failing or when I have an OSSF installed.

A permit is required to construct, install, alter, extend, or repair an OSSF. Always check with your local permitting authority. Local permitting programs can be more stringent than State minimums.
An OSSF may be exempt from permitting if it complies with all other requirements, including planning, construction, and installation standards of 30 TAC 285 AND meets the “10 acre rule”:

  • the property receives a site evaluation conducted by a TCEQ licensed Site Evaluator or a Professional Engineer (PE),
  • serves a single family dwelling 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 dwelling is the only dwelling located on the tract of land.

A permit is also not required for emergency repairs (replacing tank lids, inlet and outlet devices, repairing risers and riser caps, repairing or replacing disinfection devices, repairing damaged drip irrigation tubing, repair of solid lines, and ETC.), but they must be reported to the permitting authority in writing within 72 hours after repairs have begun. Emergency repairs are defined in 30 TAC Subchapter D, 285.35 

 

If the OSSF is “grandfathered” or meets the “10 acre rule,” then you MIGHT not need a permit. Confirm with your local permitting authority.
An OSSF is “grandfathered” if it:

  • was installed:
    • before a local program had an authorized program, or
    • before September 1, 1989, whichever is earlier.
  • is not creating a nuisance,
  • is not in need of repair,
  • has had no significant increase in its use or been otherwise altered.

An OSSF is exempt from permitting if it:

  • complies with all other requirements, including planning, construction, and installation standards of 30 TAC 285,
  • the property receives a site evaluation conducted by a TCEQ licensed Site Evaluator or a Professional Engineer (PE),
  • serves a single family dwelling 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 dwelling is the only dwelling located on the tract of land.

Applications and planning materials must be submitted to the permitting authority. To find your permitting authority, search by the county the OSSF is to be located. The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.

The permitting authority must either approve or deny the planning materials and permit application within 30 days of receipt.

If the application and planning materials are denied, the permitting authority must provide a written explanation. You may appeal this decision to the permitting authority’s supervisory authority (e.g., Commissioners’ Court, City Council, River Authority Board, Public Health District Board, etc.).

The OSSF you select will determine planning materials details needed to submit with your permit application. Arrange for a preconstruction site evaluation by a licensed site evaluator or a licensed professional engineer  . The evaluation includes conducting a survey of the entire lot, a soil analysis in the proposed disposal area, and identifying other criteria necessary to determine suitability for an OSSF system.

The links provided below will take you off the TCEQ Web server. These links are provided solely as a courtesy. Because TCEQ has no control over the posting of material to these sites, the agency cannot take responsibility for their continued validity and maintenance.

This depends on whether the permitting authority allows this in their local requirements. Otherwise yes, provided you have the knowledge, skills, and equipment to do so AND:

  • the OSSF is for a single family dwelling that you own,
  • you also own the property,
  • no part of the property will be developed for sale or lease,
  • all permitting, construction, and maintenance requirements of the permitting authority are met.

There may be some systems that a homeowner can't buy because they must be installed by a factory representative.
If anyone else assists during any phase of the OSSF installation (e.g., having someone do backhoe work or trenching, etc.), the individual performing the work must be a licensed installer of the correct level, except:

  • A licensed electrician who installs any electrical components, or
  • A person who delivers a treatment or pump tank to a site and sets the tank(s) into an excavation.

The links provided below will take you off the TCEQ Web server. These links are provided solely as a courtesy. Because 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   is the State law that governs the OSSF permitting program.

Title 30 Texas Administrative Code (TAC), Chapter 285   contains the rules for OSSFs.