Not less than 75% of all drinking water in Texas comes from groundwater.

This underscores the need of protecting this natural resource from depletion as well as pollution.

Onsite wastewater management systems are some of the weak points that could potentially cause pollution of groundwater.

 If the water is polluted, it will expose the general public to all kinds of waterborne diseases as well as lead to other environmental ramifications.

As such, the government of Texas has set in place some regulations that are meant to help ensure onsite wastewater management is done without posing a threat to the environment.

Let’s take a closer look at some of these laws.

Texas Septic Tank Laws

The main body that is in charge of septic tank regulation in Texas is the Texas Commission on Environmental Quality (TCEQ).

TCEQ sets the stands for the design, construction as well as maintenance, and operation of onsite sewage facilities (OSSFs).

However, the different local authorities across the state may also have local laws and guidelines for their residents.

In addition to regulation, these local authorities also issue permits and inspect septic system installations to ensure they are compliant.

The following are some important Texas septic tank laws to beware of:

1. Permits

Any septic system must be permitted first before installation.

The permit must precede the design and installations to ensure the correct type of system is adapted.

Permits are also required for any repair or alteration to the system.

Generally, there are distinct instances when obtaining a septic system permit becomes a necessity.

• New Permit: Required when installing a brand-new septic system. This vital step grants approval for a License to Operate, ensuring that the system meets the required standards.

• Repair Permit: Required when conducting repairs or modifications to an existing septic system. This permit, similar to the New Permit, also approves a License to Operate, affirming that the alterations align with the appropriate guidelines.

• Renewal of Permit: Required for two types of systems. For Standard Systems, renewal occurs every five years, involving pumping the tank, submitting a pump receipt, and paying a renewal fee of $30.00 to the designated county authority. For Aerobic Systems, the initial permit is valid for two years post-installation. Subsequently, homeowners are responsible for maintaining a service contract with a provider, and the service provider must submit quarterly maintenance reports to the Designated Representative, further extending the permit’s validity.

• Existing System Permit (Registration): Required if a septic system lacks a permit. To obtain this permit, you must enlist the expertise of a sanitarian or engineer to conduct a site survey and design the septic system. Alongside this, a pump manifest, not older than one year, must be submitted with the septic application.

Homeowners can apply for these permits or they can leave the job to the septic tank contractor.

In accordance with the Health and Safety Code, the Legislature has bestowed the role of scrutinizing and granting permit requests upon the Texas Commission on Environmental Quality (TCEQ), bestowing them with the authority to act as the official agent.

But the law also acknowledges the possibility of delegating such responsibilities to a local entity, should one exist, capable of undertaking these crucial tasks.

 These local authorities may encompass the county health department, the local health department, or even a river authority, depending on the specific circumstances.

 For your convenience, the Texas government has an online portal through which you can locate your local permitting authority as well as apply for the required permits.

A permit for an OSSF for a single-family home costs $200 whereas other OSSF permits cost $400.

The permit will last for a year which means that if you do not install the septic tank within a year of application, the permit will be invalid and you will be required to apply for another one.

2. Installation by skilled professionals

Different local authorities may have different requirements for the permit but as a minimum requirement, any septic tank installation, repair, and modification should be done by a duly certified septic tank professional.

 In fact, some septic tank systems cannot be sold to the homeowner directly—they are only sold to pre-approved septic tank professionals.

This is meant to discourage any DIY enthusiasts from installing illegal septic systems on their properties.

That said, I guess you are probably asking: Can I Install My Own Septic System in Texas?

Here is a short and quick answer:

The law in Texas forbids own installation of septic systems.

You are required by law to contract a septic tank professional who is licensed by the state to install septic systems.

The septic tank professional will also guide or help in the application of the required permits which are mandatory before commencing the project.

However, you can take the 20-hour basic water operations course which will equip them with skills in maintaining the septic system.

Once completed, you will be allowed by the state to perform routine maintenance on the system although they will still need to use a duly licensed contractor for installations and repairs of the systems.

3. Site Evaluation

A site inspection is mandatory before the installation of any kind of septic system.

The inspection can be done by a site evaluator or a professional engineer.

The purpose of the inspection is to identify the condition of the soil and determine if a conventional system will suffice or if an alternative system may be required.

The inspection report will include the following aspects:

• Soil Analysis: The soil analysis will look at the soil texture and thereby determine the gravel percentage and size in the soil. A restrictive horizon analysis will pinpoint any rock or clay subsoils in the solid profile that may hamper the percolation of water.

• Topography: A measure of the gradient of the land and especially the general area where the OSSF will be situated.

• Water Supply: A general description of the water supply e.g. well or aquifer location on the property.

• Flood Hazard: This is to identify if the location is close to any floodway or floodplain.

4. Distance From The Water Source

When designing your septic system, you may want to consider the distance between your drain field and your water source.

As a minimum, any septic system should be at least 50 feet away from lakes, rivers, ponds, and streams.

 If you have a private water line on the property, the septic system should be at least 10 feet away.

This distance will ensure that effluent does not get to the water bodies before it is sufficiently treated.

However, these laws only apply to conventional septic systems.

Because there are some scenarios where the space requirements may not be practical, you may be required by law to install advanced systems.

These systems typically have an additional layer of purification (e.g. use of UV light) to ensure better effluent treatment with minimal space.

5. Minimum Acreage for Septic System in Texas

According to rule 265.82, a septic tank is only permitted on a lot size that is larger than 15,000 square feet.

However, if you have a shrinking water system on the same property, then the minimum lot size will be 20,000 square feet.

However, the respective local authorities may offer different guidelines for their regions.

For instance, Montgomery County Health and Human Services Department requires a minimum of 1.5 acres for properties that have drinking water systems.

 Most of the other local authorities are okay with ½ an acre.

6. Grandfathered Systems

Grandfathered septic system denotes a septic system that was installed and granted approval prior to the enforcement of current regulations.

Despite potential non-compliance with contemporary standards regarding design, installation, and maintenance, these systems retain their legal status and are permitted to continue functioning.

This special allowance is due to their installation predating the implementation of the said regulations.

But certain conditions must be met for a home septic tank in Texas to qualify for grandfathering and exemption from specific permitting requirements.

These requirements include installation before September 1, 1989, the presence of a treatment and disposal facility, and the system’s capacity remaining unchanged from its original installation.

Learn more about grandfathered septic systems here: Grandfathered Septic Systems: Everything You Need To Know

7. Maintenance

To ensure the proper functioning of your septic system in accordance with the laws and regulations of Texas, regular maintenance is highly recommended.

Pumping your septic tank every three to five years is crucial to prevent any disruption in the treatment process.

To facilitate this process, you can access the Sludge Transporter Query online, which provides a comprehensive list of registered sludge transporters operating in your specific area.

It’s important to note that aerobic systems tend to be more intricate and necessitate additional maintenance compared to other systems.

Depending on your permitting authority, there might be more stringent requirements in place, potentially mandating homeowner training or even prohibiting homeowner maintenance.

To ascertain the specific requirements applicable to your situation, it’s advisable to consult with your permitting authority directly.

Consider engaging the services of a licensed maintenance provider, as they can conduct regular checks, troubleshoot any issues, and perform the necessary tests as outlined in 30 TAC §285.91(4).

By doing so, you can ensure that your septic system operates correctly and remains compliant with the regulations set forth by the state of Texas.

8. Inspections During Real Estate Transactions

Are there any regulations in Texas for septic system inspections during real estate transactions?

Texas doesn’t have a regulation that mandates an inspection of the septic system before the resale of a home.

However, that doesn’t mean that prospective homeowners should bypass the inspection as that can help determine the value of the home.

More importantly, an inspection will help you know the health of your septic system to know whether it is a deal-breaker or what you need to do about the system going forward.

You can get an inspection certification from the Texas Real Estate Commission but this inspection is quite limited as it does not require the inspector to open and investigate the septic tank closely.

To be on the safe side, it is best to contract a private (but duly licensed) septic system professional for a more thorough search.

As a rule of thumb, go with an inspector that has a NAWT or TREC certification because they are held to high inspection standards.

The inspection will cost anything from$100-$900 depending on the exact location.

For instance, septic inspections in Austin cost approximately $390.

If you think about it, it’s a small cost to pay to ensure you do not purchase a home with a failed or failing system which could potentially cost thousands of dollars.

9. Fines and Penalties

Another important aspect of septic system laws and regulations in Texas is the need to avoid violations that can lead to undesirable consequences, including fines and penalties.

 Here are the most common types of violations that you can potentially encounter:

• Expired Septic Permit: Operating with an outdated permit is considered a violation and must be addressed promptly.

• Expired Service Contract: Similar to the permit, an expired service contract is not in compliance with regulations and can result in penalties.

• Illegally Discharging: This violation is deemed the most severe and necessitates immediate action, as it involves improper discharge that can harm the environment or public health.

• Inadequate Capacity: If a septic system fails to meet the capacity requirements, it is considered in violation of the regulations.

• Unpermitted or Unlicensed System: Installing or operating a septic system without the necessary permits or licenses is a clear violation of the law.

• Unsatisfactory On-Site System: When an on-site system does not meet the established standards, it is regarded as unsatisfactory and can lead to penalties.

• Other Violations: Any violation that does not fall within the above categories is classified as “Other” and must be rectified accordingly.

Non-compliance with local guidelines can result in significant fines and legal consequences.

Homeowners who utilize inadequate or unlawful septic systems may face prosecution and penalties.

Moreover, those responsible for overseeing such construction may face penalties as well, including the revocation of their licenses.

Learn more here: Fines for Illegal Septic Systems in Texas

To avoid such complications, it is imperative to diligently follow the established frameworks and adhere to local laws when constructing a septic system.

For guidance and assistance in identifying the relevant authorities responsible for granting permits, reach out to your local health department or consult the Office of the Texas Commission on Environmental Quality.

Ensuring compliance with the regulations will help safeguard against fines and penalties associated with illegal septic systems in Texas.

Conclusion

To sum it up, the installation of septic tanks in Texas is allowed but guided by some regulations as stipulated by the state as well as the local governments.

 It is best to get in touch with your local health department to ensure you are not in violation of any code.

As a rule of thumb, always work with a licensed contractor who may guide you to adhere to the regulatory framework.