Texas Aerobic Septic System Maintenance Law — Plain English

This page explains the law as it stands; it is not legal advice. Primary sources: TCEQ OSSF Maintenance page; 30 TAC Chapter 285; Texas Health and Safety Code Chapter 366. Verify current rule text directly at tceq.texas.gov if you are making compliance decisions.

The Two Laws That Govern Texas Aerobic Systems

Two bodies of law work together to regulate aerobic septic systems in Texas:

• Texas Health and Safety Code Chapter 366 (specifically §366.0515) — the state statute that establishes the requirement for maintenance contracts and sets the inspection cadence for on-site sewage facilities (OSSFs) using aerobic treatment.
• 30 TAC Chapter 285 — the Texas Commission on Environmental Quality's (TCEQ) administrative rules that implement Chapter 366. Section 285.7 covers maintenance provider obligations; Section 285.90 covers reporting; Section 285.91 covers testing.

Together, these rules apply to any aerobic treatment unit (ATU) in Texas — whether it's a Norweco, Fuji Clean, Jet, or any other brand. Brand doesn't matter; the system type triggers the requirement.

The Core Requirement: Inspection Every 4 Months

Under 30 TAC Chapter 285 and Texas Health and Safety Code §366.0515, Texas requires aerobic system owners to have their system inspected by a TCEQ-licensed maintenance provider at least once every 4 months — that's a minimum of three visits per year. There is one exception: if your system uses a TCEQ-approved electronic monitoring device that automatically alerts the maintenance provider to component failures and tracks disinfection levels, the inspection interval may be reduced to every 6 months.

Most ATUs in Montgomery County do not have approved electronic monitoring. The default requirement is every 4 months.

Source: TCEQ — Maintenance of On-Site Sewage Facilities; 30 TAC §285.7.

The Maintenance Contract: What It Must Include

You can't just have any service agreement — the contract must meet TCEQ standards. Under 30 TAC Chapter 285, a compliant aerobic maintenance contract must specify:

• The full name and TCEQ license number of the maintenance provider (TCEQ licenses individual providers, not companies)
• The inspection schedule — every 4 months, or every 6 months if electronic monitoring qualifies
• Response times for property owner complaints and equipment failure notifications
• A clear description of what services are included versus billed separately

The homeowner's responsibility: Under 30 TAC §285.7(d)(2), it is the property owner — not the maintenance provider — who is responsible for submitting a signed copy of the maintenance contract to the permitting authority. For most of Montgomery County, that means Montgomery County Environmental Health Services at 501 N. Thompson, Suite 101, Conroe, TX 77301 (phone: 936-539-7839). For properties within 2,075 feet of Lake Conroe, the permitting authority is the San Jacinto River Authority (SJRA).

What Happens at Each Maintenance Visit

The maintenance provider is required to:

• Install or update an identification tag on the system (marking the date of each visit)
• Inspect all components and document whether each one is functioning — air pump/aerator, spray heads or drip emitters, float switches, alarm system, and control panel
• Verify and replenish chlorine disinfection levels in the disinfection chamber
• Check for surface ponding, odors, or other signs of system malfunction
• Submit a report to both the property owner and the permitting authority within 14 days of the visit (30 TAC §285.90(3))
• Notify the owner of any component malfunctions that require repair

A typical maintenance visit takes 30 to 45 minutes. The provider does not perform a full pump-out at each visit — that's a separate service required periodically (typically every 3–5 years for the settling compartment).

Montgomery County Environmental Health Services: The Authorized Agent

Texas TCEQ delegates day-to-day OSSF oversight to county-level "authorized agents." Montgomery County Environmental Health Services is TCEQ's authorized agent for septic system permitting and compliance in the unincorporated areas of Montgomery County.

What that means in practice:

• Montgomery County receives the maintenance reports filed by your provider after each visit
• If reports stop coming in, the county can contact the homeowner to verify compliance
• New OSSF permits, modifications, and inspections go through the county office, not TCEQ directly
• The county follows TCEQ's minimum standards but may also impose local requirements

Exception — Lake Conroe shoreline properties: Within 2,075 feet of Lake Conroe, the San Jacinto River Authority serves as the permitting and oversight authority under a December 2015 SJRA order. OSSF permit fee in the SJRA zone is $300. Contact SJRA's Lake Conroe office to verify your property's jurisdiction before applying for permits or filing contracts.

Consequences of Non-Compliance

Operating an aerobic system without a valid maintenance contract is a legal violation under Texas Health and Safety Code §366.0515. Enforcement typically follows a notice-then-penalty pattern:

Penalty range per day source: Texas Septic Guide — Aerobic Maintenance (2026), citing 30 TAC Chapter 285.

How Much Does Compliance Actually Cost?

In the Conroe and Montgomery County area, annual aerobic maintenance contracts typically run $200–$350 per year for the three required inspections. This is the Houston metro range; rural areas with less competition sometimes reach $350–$500. What's usually not included in the base contract price:

• Chlorine tablets (often billed separately, roughly $10–$30 per resupply)
• Repair parts — air pumps, spray heads, float switches
• Pump-out of the settling tank (separate service, every 3–5 years)

The non-compliance cost risk — $100/day in fines, a failed real estate sale, or a $10,000+ system replacement — makes an annual contract a straightforward decision. See our full septic cost guide for a broader look at Montgomery County service pricing.

Common Questions About Texas Aerobic Septic Law