To become an authorized agent, a local governmental entity must
have an order, ordinance, or resolution approved by the TCEQ.
How does a local governmental
entity become an authorized agent?
To become an authorized agent, a local governmental entity must
follow the requirements specified in 
30 TAC §285.10. It is recommended the
local governmental entity work with their designated representative
when preparing or amending an order or ordinance. Below is a
synopsis of the process:
- Request a description of the delegation process and a copy of
the model order, ordinance, or resolution.
- Draft an order, ordinance, or resolution that meets the
requirements of Title 30 Texas Administrative Code (30 TAC),
Chapter 285 and Texas Health and Safety Code, Chapter 366,
§366.032 using the model order, ordinance, or resolution
format.
- If proposing more stringent standards than 30 TAC, Chapter 285,
the draft order, ordinance, or resolution must be submitted to the
TCEQ with a written justification demonstrating how each more
stringent requirement will provide greater protection to the public
health and safety for review and comment before publishing the
notice for a public meeting.
- Publish notice of a public meeting at least 72 hours, but not
more than 30 days. The notice must appear in a regularly published
newspaper of general circulation in the area of jurisdiction.
- After the public meeting is held, submit a copy of the
following items:
- public notice as it appeared in the newspaper;
- publisher's affidavit from the newspaper in which the public
notice appeared;
- certified copy of the minutes of the meeting when the order,
ordinance, or resolution was adopted; and
- certified copy of the order, ordinance, or resolution that was
passed by the entity.
- Have TCEQ review the materials to ensure the entity has
complied with the requirements of 30 TAC, Chapter 285 and the Texas
Health and Safety Code, Chapter 366. After the review:
- a commission order approving delegation will be prepared for
signature by the executive director, or
- a letter will be sent to the entity describing how the draft
order, ordinance, or resolution does not comply with 30 TAC,
Chapter 285 or Texas Health and Safety Code, Chapter 366.
- Make necessary changes to the draft order, ordinance, or
resolution, if needed and repeat steps 4-6.
The entity's order, ordinance, or resolution will be
effective on the date the commission order approving delegation is
signed by the executive director.
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Is their a model order or
ordinance available in a downloadable format?
Yes.
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What happens when a local
governmental entity becomes an authorized agent?
The authorized agent is responsible for the proper
implementation of Texas Health and Safety Code, Chapter 366, 30 TAC
Chapter 285. The agent also administers the OSSF program according
to the OSSF order, ordinance, or resolution approved by the
executive director within the agent's area of jurisdiction.
The authorized agent must submit a monthly report (
PDF format or
Word format) to the Texas On-site Wastewater Research Council
to account for the total number of $10 fees that were collected
during the month.
Not more than once a year, the authorized agent will be
investigated by the TCEQ to determine the authorized agent's
compliance with the Texas Health and Safety Code, Chapter 366 and
30 TAC Chapter 285.
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How does an approved order,
ordinance, or resolution get amended?
An existing approved order, ordinance, or resolution may be
amended at the request of the TCEQ:
- To ensure the authorized agent's program is consistent with
current commission rules; or
- When the authorized agent feels they need to a address a local
issue that will benefit the greater protection of the public health
and safety.
The procedures to amend an existing TCEQ
approved order, ordinance, or resolution are the same as submitting
an initial order, ordinance, or resolution for approval.
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How do authorized agents
relinquish their delegation?
When an authorized agent decides to relinquish delegation, the
agent will need complete the following steps:
- Inform the executive director by certified mail at least 30
days before publishing a notice of intent to relinquish
authority.
- Publish notice of a public meeting at least 72 hours, but not
more than 30 days, before the public meeting is to be held. The
notice must appear in a regularly published newspaper of general
circulation in the area of jurisdiction.
- Hold a public meeting to discuss the intent to relinquish the
delegated authority.
- Repeal the order, ordinance, or resolution.
- After the order, ordinance, or resolution is repealed, submit a
copy of the following items:
- public notice as it appeared in the newspaper;
- publisher's affidavit from the newspaper in which the public
notice was published; and
- certified copy of the minutes of the meeting when the order,
ordinance, or resolution was repealed.
- Meet with the executive director to determine the exact date
the agent shall surrender delegated authority.
The authorized agent will retain all authority and
responsibility for the delegated program until the date agreed upon
by the authorized agent and the executive director.
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How does the TCEQ revoke an
authorized agent's delegation?
An authorized agent's order, ordinance, or resolution may be
revoked at any time by order of the commission for failure to
implement, administer, or enforce Texas Health and Safety Code,
Chapter 366 or 30 TAC, Chapter 285.
If the executive director determines that cause exists for
revocation, the executive director will:
- File a petition with the commission according to 30 TAC Chapter 70 seeking revocation;
- Initiate the hearing process with the State Office of
Administrative Hearings according to 30 TAC Chapter 80; and
- Hold a public hearing to discuss the commission's intent to
revoke the delegated authority of the local governmental
entity.
After the opportunity for a hearing, the commission may:
- issue an order revoking the authorized agent's delegation;
- issue an order requiring the authorized agent to take certain
action or actions in order to retain delegation; or
- take no action.
When an authorized agent's delegation is revoked, the executive
director shall assume responsibility for the OSSF program in the
former authorized agent's jurisdiction.
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What laws and rules govern OSSF
authorized agents?
Subchapter C of the Texas Health and Safety
Code, Chapter 366 covers the designation of a local governmental
entity as an authorized agent.
Subchapter B of Title 30, Texas Administrative
Code Chapter 285 covers the procedures, in detail, for the
designation, amendment, relinquishment, and revocation process for
a local governmental entity.
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