Texas Septic Systems Council
THE CHALLENGE OF THE SEPTIC SYSTEM PROGRAM OF TEXAS - April 2024
210.275.7866, texassepticsystemscouncil@gmail.com
First, the Texas CONGRESS passed a law to address septic systems across the state. Then the program was assigned to a very small group in the TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), which, after writing the book of regulations, placed the actual enforcement of them onto the COUNTY JUDGES AND COMMISSIONER’S ASSOCIATION OF TEXAS (CJCAT). That group, in turn passed the responsibility of actualizing the program to 300 jurisdictions across the state.
The basic challenge is NOT that the Texas septic regulations are badly written, though some parts need updating, but, rather, the fact that the weakest link in the chain of authority is at the very bottom – the local bureaucracies.
This is because EACH OF THOSE JURISDICTIONS MUST ALSO FINANCE THEIR LOCAL PROGRAM. Obviously, this greatly disgruntles them and the CJCAT, when addressing congress and TCEQ, refers to the order as an “unfunded mandate.”
Note: The CJCAT, at every session of congress, attempts to receive funding for the entire program, but it never happens. As a result, EACH JURISDICTION must pay for its septic program out of local funds, usually by a rise in property taxes.
The predictable result is that local operations that are done as INEXPENSIVELY as possible – small offices, minimal vehicles and hiring people who often have no knowledge, experience or licensing in “on-site” sewage.
[Compare this MINIMALIZED structure of BUREAUCRATS with the MAXIMIZED knowledge and experience of LICENSED septic BUSINESS people who attend regular training classes.]
The unsurprising result is a LOW EBB of quality and effectiveness of the entire septic program.
The downgrades of the quality of the septic program:
Downgrade #1: The local governmental jurisdictions operate with the LEAST FUNDING possible, just enough to “get by” the state mandate.
Downgrade #2: Those jurisdictions designate minimal office space and vehicles to the program and offer low paying jobs to NON-licensed, UN-trained persons.
Downgrade #3: These well-meaning people are sent to an introductory, 4-day course on septic systems and are then, immediately placed as the authority over LICENSED, TRAINED and EXPERIENCED private entrepreneurs with years of experience. Naturally, this leads to poor inspector/septic professional relationships and TO THE LOWEST EBB OF PROGRAM EFFECTIVENESS AND ACTUALIZATION.
The quality of the entire state program, no matter how insightful, well-written and technically savvy is ONLY AS GOOD AS THAT OF THE LOCAL INSPECTOR’S KNOWLEDGE AND SKILL.
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What’s the answer?
A. THE ONLY ENTITY THAT CAN PROPERLY ACTUALIZE THE INTENT AND CONTENT OF THE CH. 285 RULES IS THE PRIVATE ENTREPRENEUR. THIS IS BECAUSE HE/SHE IS THE ONLY PLAYER WHO IS KNOWLEDGEABLE ABOUT THE REGULATIONS AND HAS THE TRAINING AND EXPERIENCE TO FULFILL THOSE RULES AS WRITTEN.
THUS, THE TEXAS SEPTIC SYSTEMS COUNCIL, AS A NON-PROFIT ORGANIZATION OF SEPTIC SYSTEM PROFESSIONALS, WOULD HAVE TCEQ TRANSFER THE ENTIRE PROGRAM TO IT FOR ITS PROPER ADMINISTRATION AND ACTUALIZATION OF THE RULES AS WRITTEN.
[It’s our understanding that most counties INCREASE THEIR PROPERTY TAXES of property owners in the county in order to cover this expense.]
B. The current 300 jurisdictions, currently under the burden of the cost of the program, would be IMMEDIATELY RELIEVED because ONLY THE PROPERTY OWNERS WHO NEED A SEPTIC SYSTEM would pay the required permit fees. Those fees would include both the ADMINISTRATION of the program and the FIELD inspections on each septic system, both done by this group of septic professionals.
