Rule Changes for On-Site Sewage Facilities

Rulemaking may commence in one of three ways:

• The petition process
• Staff-initiated rulemaking
• Legislatively-directed

This project was initiated by both the staff and the legislature. We will consider input from stakeholders through stakeholder meetings, written comments, and other methods.

The tentative project timeline is:

• Anticipated TCEQ commissioners agenda proposal: September 25, 2025
  The first draft of the revised Chapter 285 rules will be proposed to the TCEQ commissioners. The meeting will be open to the public for comments.
• Anticipated 60-day public comment period: October 10, 2025 - December 9, 2025.
  You can provide comments on the proposed amended language at the public hearing.
• Responses to comments: December 23, 2025
• Agenda for final approval: March 25, 2026
• Anticipated effective date for new rules: April 30, 2026

TCEQ elicited comments from the regulated community and citizens of Texas via virtual or in-person stakeholder meetings Dec. 7, 2023 through March 6, 2024. After all comments were received TCEQ staff considered them and updated the rules appropriately. TCEQ staff will make recommendations to TCEQ commissioners at an agenda meeting anticipated for September 25, 2025.

Stakeholder meetings included a TCEQ presentation on the status of the project and changes being considered. Oral comments were heard in the meetings and questions were asked and answered in the meetings.

Many stakeholder comments were received.
See Submit Stakeholder Comments in Writing below.

Stakeholder meetings were held as follows:

Tuesday Jan. 9, 2024 - 2:00 p.m.
Beaumont Regional Office
3870 Eastex Fwy.
Beaumont, Texas 77703

Wednesday Jan. 17, 2024 - 10:00 a.m.
TCEQ Corpus Christi Regional Office
500 N. Shoreline Blvd., Ste. 500
Corpus Christi, Texas 78401

Tuesday Feb. 13, 2024 - 2:00 p.m.
TCEQ Tyler Regional Office
2916 Teague Dr.
Tyler, Texas 75701

Wednesday Feb. 21, 2024 - 2:00 p.m.
TCEQ Headquarters (Bldg. A, Room 172)
12100 Park 35 Circle
Austin, Texas 78759
Option Available (Microsoft Teams Live Event )

Wednesday March 6, 2024 - 1:00 p.m.
Waco Convention Center (Brazos North and South)
100 Washington Ave.
Waco, Texas 76701

Special communication or other needs could be accommodated upon request by contacting Office of Legal Services at 512-239-1802 or call 1-800-RELAY-TX (TDD).

Stakeholder Comments Were Submitted in Writing

Written stakeholder comments were made using one of the following methods:

• By mail:
  Program Supervisor, MC 205
  Texas Register/Rule Development Team - Office of Legal Services
  Texas Commission on Environmental Quality
  P.O. Box 13087
  Austin, Texas 78711-3087
• By fax: fax4808@tceq.texas.gov
• Online through the TCEQ Public Comment system . File size restrictions may apply.

The most effective comments addressed the following:

• Identify who you are and why the regulation affects you.
• Explain why you agree or disagree with the proposed rulemaking.
• Be direct in your comment.
• Offer alternatives, compromise solutions, and specific language for your suggested changes.

For additional information on the rulemaking, please contact the Program Support and Environmental Assistance Division at 512-239-0400 and ask to speak with OSSF Program staff about rule project number 2024-009-285-CE.

Changes to all subchapters are being considered. The following list includes many of the possible changes.

Subchapter A: General Provisions (Sections 285.1-285.8)

• Update the applicability of the rules to match the Texas Health and Safety Code.
• Update definitions.
• Introduce performance-based permits for non-residential permits as an option for permitting authorities.
• Update OSSF affidavit and maintenance contract requirements.
• Clarify that permits are not automatically approved if an Authorization to Construct is not issued within 30 days.
• Allow third party inspections (properly licensed individuals) on newly installed or repaired OSSFs.
• Clarify the requirements for approving variances, for manufacturers to make parts available to homeowners, and the requirements of maintenance contracts.
• Revise the requirements for Executive Director review of nonstandard system applications.

Subchapter B: Local Administration of the OSSF Program (285.10-285.14)

• Update the methods by which implementation of 30 TAC Chapter 285 is delegated to authorized agents.        
• Include language that prohibits limiting technology or requiring specific technology for the entire jurisdiction of an authorized agent.
• Include the ability of the commission to require updates to orders.
• Add guidance for discussions between the commission and authorized agents before relinquishment or revocation, including the establishment of charge-back fees.

Subchapter C: Commission Administration of the OSSF Program in Areas Where No Authorized Agent Exists (Sections 285.20 and 285.21)

• Clarify the appeal, complaint, and investigation process.
• Evaluate the required fees for an OSSF permit

Subchapter D: Planning, Construction, and Installation Standards for OSSFs (Sections 285.30-285.39)

• Clarify when a professional engineer (PE) is required and when a registered sanitarian (RS) is allowed to complete designs.
• Update restrictive horizon analysis, methods for evaluating soils, requirements for floodway versus floodplain designs
• Include exceptions within site evaluation requirements for waterless systems and holding tanks.
• Clarify the applicability of the separation distance requirements pertaining to specific parts of the OSSF.
• Require flow equalization for multi-unit residential.

Subchapter E: Special Requirements for OSSFs Located in the Edwards Aquifer Recharge Zone (Sections 285.40-285.42)

• Update requirements to reflect changes to 30 TAC Chapter 213 and other regulatory changes regarding the Edwards Aquifer.

Subchapter F: Licensing and Registration Requirements for Installers, Apprentices, DRs, Site Evaluators, Maintenance Providers, and Maintenance Technicians (Sections 285.50 and 285.60-285.65)

• Update requirements to allow professional geologists to perform site evaluations without becoming licensed site evaluators.
• Clarify if maintenance providers are required to have maintenance technicians on staff or if maintenance providers can contract with maintenance technicians.
• Clarify activities that may be performed by installers who are not licensed maintenance providers.
• Clarify the requirements of designated representatives.

Subchapter G: OSSF Enforcement (Sections 285.70 and 285.71)

• Include a requirement for handling standing or flowing wastewater during the 30-day repair period.

Subchapter H: Disposal of Graywater (Sections 285.80 and 285.81)

• Clarify requirements for graywater systems and allowances for reducing disposal area size.
• Include information on handling high-strength wastewater.

Subchapter I: Appendices (Sections 285.90 and 285.91)

• Make all low-resolution figures legible.
• Update the testing and reporting figure, application rates figure, ATU sizing tables, setback requirements, and the net evaporation table.
• Clarify the meaning of secondary treatment and its applicability and requirements throughout the tables.
• Remove references to external rules and include the specific requirements in 30 TAC Chapter 285.

• Concept Memo
• Current 30 TAC Chapter 285
• Current Health and Safety Code Chapter 366