Texas Health And Safety Code Title 5, Chapter 366 - On-site Sewage Disposal Systems

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 366.001 - Policy And Purpose
  It is the public policy of this state and the purpose of this chapter to: (1) eliminate and prevent health hazards by regulating and properly...
• Texas Section 366.002 - Definitions
  In this chapter: (1) "Authorized agent" means a local governmental entity authorized by the commission to implement and enforce rules under this chapter. (2) "Commission"...
• Texas Section 366.003 - Immunity
  The commission, an authorized agent, or a designated representative is not liable for damages resulting from the commission's or authorized agent's approval of the installation...
• Texas Section 366.004 - Compliance Required
  A person may not construct, alter, repair, or extend, or cause to be constructed, altered, repaired, or extended, an on-site sewage disposal system that does...

SUBCHAPTER B GENERAL POWERS AND DUTIES OF COMMISSION AND AUTHORIZED AGENTS

• Texas Section 366.005 - Notice Of Utility Service Connections
  (a) An electric utility shall compile a list weekly for each county in this state of the addresses located in an unincorporated area of the...
• Texas Section 366.011 - General Supervision And Authority
  The commission or authorized agents: (1) have general authority over the location, design, construction, installation, and proper functioning of on-site sewage disposal systems; and (2)...
• Texas Section 366.012 - Rules Concerning On-site Sewage Disposal Systems
  (a) To assure the effective and efficient administration of this chapter, the commission shall: (1) adopt rules governing the installation of on-site sewage disposal systems,...
• Texas Section 366.013 - Installation And Use Of Water Softeners And Reverse Osmosis Systems
  (a) Except as provided by Subsection (b), an owner may install or use a water softener that discharges effluent into an on-site sewage disposal system...
• Texas Section 366.014 - Designated Person
  Subject to the requirements of Section 366.071(b), the commission or an authorized agent may designate a person to: (1) review permit applications, site evaluations, or...
• Texas Section 366.016 - Emergency Orders
  The commission or authorized agent may issue an emergency order concerning an on-site sewage disposal system under Section 5.513, Water Code. Acts 1989, 71st Leg.,...

SUBCHAPTER C DESIGNATION OF LOCAL GOVERNMENTAL ENTITY AS AUTHORIZED AGENT

• Texas Section 366.017 - Required Repairs; Penalty
  (a) The commission or authorized agent may require a property owner to repair a malfunctioning on-site sewage disposal system on the owner's property: (1) not...
• Texas Section 366.031 - Designation
  (a) The commission shall designate a local governmental entity as an authorized agent if the governmental entity: (1) notifies the commission that the entity wants...
• Texas Section 366.032 - Order Or Resolution; Requirements
  (a) The local governmental entity's order or resolution must: (1) incorporate the commission's rules on abatement or prevention of pollution and the prevention of injury...
• Texas Section 366.033 - Delegation To Local Governmental Entities
  The commission shall delegate to local governmental entities responsibility for the implementation and enforcement of applicable rules. Acts 1989, 71st Leg., ch. 678, Sec. 1,...
• Texas Section 366.034 - Investigation Of Authorized Agents
  (a) The commission shall: (1) conduct not more often than once a year an investigation of each authorized agent to determine the authorized agent's compliance...
• Texas Section 366.035 - Mandatory Application For And Maintenance Of Designation
  A local governmental entity that applies to the Texas Water Development Board for financial assistance under a program for economically distressed areas must take all...

SUBCHAPTER D PERMITS; FEES

• Texas Section 366.036 - County Map
  (a) If the commission designates a local governmental entity as its authorized agent and if the entity intends to apply to the Texas Water Development...
• Texas Section 366.051 - Permits
  (a) A person must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system. (b) If...
• Texas Section 366.0512 - Multiple Treatment Systems
  A multiple system of treatment devices and disposal facilities may be permitted as an on-site disposal system under this chapter if the system: (1) is...
• Texas Section 366.0515 - Maintenance Contract And Performance Bond
  (a) Except as provided by Subsection (g), an authorized agent or the commission may not condition a permit or the approval of a permit for...
• Texas Section 366.052 - Permit Not Required For On-site Sewage Disposal On Certain Single Residences
  (a) Sections 366.051, 366.053, 366.054, and 366.057 do not apply to an on-site sewage disposal system of a single residence that is located on a...
• Texas Section 366.053 - Permit Application
  (a) Application for a permit must: (1) be made on a form provided by the commission or authorized agent; and (2) include information required by...
• Texas Section 366.054 - Notice From Installer
  An installer may not begin construction, alteration, repair, or extension of an on-site sewage disposal system unless the installer notifies the commission or authorized agent...
• Texas Section 366.055 - Inspections
  (a) The commission or authorized agent shall review a proposal for an on-site sewage disposal system and make inspections of the system as necessary to...
• Texas Section 366.056 - Approval Of On-site Sewage Disposal System
  (a) The commission or authorized agent may approve or disapprove the on-site sewage disposal system depending on the results of the inspections under Section 366.055....
• Texas Section 366.057 - Permit Issuance
  (a) The commission shall issue or authorize the issuance of permits and other documents. (b) A permit and approved plan to construct, alter, repair, extend,...
• Texas Section 366.058 - Permit Fee
  (a) The commission by rule shall establish and collect a reasonable permit fee to cover the cost of issuing permits under this chapter and administering...

SUBCHAPTER E REGISTRATION OF INSTALLERS

• Texas Section 366.059 - Permit Fee Paid To Department Or Authorized Agent
  (a) The permit fee shall be paid to the authorized agent or the commission, whichever performs the permitting function. (b) The commission may assess a...

SUBCHAPTER F PENALTIES

• Texas Section 366.071 - Occupational Licensing And Registration
  (a) A person who constructs, installs, alters, extends, services, maintains, or repairs an on-site sewage disposal system or any part of an on-site sewage disposal...
• Texas Section 366.092 - Injunction Or Civil Suit
  (a) If it appears that a person has violated, is violating, or is threatening to violate any provision of this chapter, or any rule, permit,...
• Texas Section 366.0922 - Commission Enforcement At Local Government Request
  A local government may request that the commission initiate an enforcement action under this chapter through a petition filed with the commission. If the commission...
• Texas Section 366.0923 - Fees And Costs Recoverable
  If an authorized agent or the state prevails in a suit under this subchapter, it may recover reasonable attorney's fees, court costs, and reasonable investigative...

Last modified: September 28, 2016