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ORDER NO. 18068
APPROVAL OF ADOPTION OF NEW LANGUAGE IN CHAPTER 5 -SECTION
5.02 (h) OF THE TEXAS WATER COMMISSION ORDINANCE
On this the 25th day of August 1988, upon motion made by
Commissioner gay seconded by Commissioner Baldwin ,
the Court unanimously approved adoption of new language in
Chapter 5, Section 5.02 (h) of the Texas Water Commission
Ordinance.


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TEXAS WATER COMMISSION
B. J. Wynne, III, Chairman ~~;- c°' ' J. D. Head, General Counsel
Paul Ho kins, Commissioner `' ~'r ~• ;~' Michael E. Field, Chief Examiner
P Ary
John O. Houchins, Commissioner Karen A. Phillips, Chief Clerk
Allen Beinke, Executive Director
To All Interested Persons:
ltnder provisions of the Texas Water Code, your county has adopted and entered,
with the approval of the Texas Water Commission, orders to abate and prevent
pollution or injury to public health caused by private sewage facilities. You
are to be commended for taking this action.
The Texas Water Commission has continued to work with the Department of Health
and other groups to refine the model order to allow for discreet differences in
the many counties in the state. Please find enclosed an updated and current
version of Chapter 5 of the model ordinance. In particular, one key change has
been made to •this chapter. The change relates to the permitting of systems
which utilize surface irrigation from aerobic treatment units. The amended
section 5.02(h) states that in areas where soils are unsuitable for conventional
subsurface septic systems, effluent from certain approved systems may be
discharged to the ground surface if the local licensing authority finds that no
nuisance will be created if other restrictions are met. With this change, the
model order more accurately reflects the intent of recent statutory amendments
to encourage innovative, alternative on-site treatment systems.
We encourage you to revise your county order to adopt this new language. It
gives you greater flexibility to cope with the problems that face your county
government in permitting private sewage facilities.
If we can help you in any way, please feel free to contact Mr. Kyle Shelton,
Wastewater Permits Section, Water Quality Division at (512) 463-8212 for
technical assistance or Mr. Larry Persky, Staff Attorney, Legal Division at
(512) 463-SOyl for legal assistance.
Sincerely,
Allen Beinke
Executive Director
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CHAPTER 5
LAWFUL DISCHARGES AND GENERAL REQUIREMENTS
§5.01. LAWFUL DISCHARGES. After the effective date of these
Rules, only the following types of sewage discharges shall be
lawful:
(1) Sewage discharged into an organized disposal system
operating under a valid permit issued by the Texas
Water Commission.
(2) Sewage discharged into a private sewage facility
designed, installed, licensed, operated, and main-
tained in accordance with these Rules.
(3) Sewage discharged into an existing private sewage
facility that is in use on the effective date of
these Rules, that has not been substantially mod-
ified since the effective date of these Rules, and
that is operated and maintained in such a manner as
not to cause pollution, a threat to the public
health, or nuisance conditions.
§5.02. REQUIREMENTS.
(a) No person, except the person owning or having the right
of possession and use of the parcel of land upon which a
pioposed private sewage facility is to be located, may
apply for a private sewage facility permit or license.
(b) The design, construction, and installation of any new
private sewage facility and the maintenance of any
private sewage facility shall, at a minimum meet the
requirements set forth in the Standards.
(c) No person may cause, suffer, allow, or permit the con-
struction or installation of, or a substantial modifica-
tion to, a private sewage facility unless a permit
therefor has first been issued.
(d) The construction, installation, or substantial modifica-
tion of a private sewage facility shall be made in
accordance with the approved design and requirements of
the permit issued therefor.
(e) No component of a private sewage facility shall be
covered until an inspection by the licensing authority
has been made. Provided, however, absorption trenches or
beds, or evapotranspiration beds may be partially back-
filled, but all ends and other critical areas shall not
be covered until the licensing authority has determined,
as evidenced by the issuance of a license, that the
installation, construction, or substantial modification
complies with these Rules, the Standards, or other
special conditions specified in the permit.
(f) No person may cause, suffer, allow, or permit the opera-
tion or use of a new private sewage facility unless a
license, or necessary license amendment therefor, has
first been issued.
(g) No person may cause, suffer, allow, or permit the con-
struction or installation of a private sewage facility on
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a lot or tract that is smaller than that required to meet
the requirements set forth in the Standards.
(h) The effluent from a private sewage facility, whether
using an aerobic or anaerobic treatment unit, must be
discharged on site into a properly designed and
constructed absorption or evapotranspiration unit and
shall not be discharged to the ground surface or into or
adjacent to any water in the state; except that in areas
where soils are unsuitable for conventional on-site
sewage disposal systems, effluent from National
Sanitation Foundation, Standard 40, Class I aerobic
systems or equal as approved and listed by the Texas
Department of Health may be discharged to the ground
surface by irrigation if the licensing authority
determines that the method will not create a nuisance and
complies with the Texas Department of Health standards
and policies. There shall be no off-site discharge of
effluent.
(i) Injection wells, pit privies, and cesspools used td
dispose of sewage, and any system utilizing naturally or
artificially produced holes, cavities, or drilled wells
to ease the disposal of sewage are specifically prohib-
ited from being installed and licensed.
(j) No person may cause, suffer, allow, or permit the main-
tenance of a private sewage facility in such a manner as
to cause, or as may tend to cause, pollution, injury to
public health, or nuisance conditions.
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