Texas Aerobic Maintenance Contract Requirements

A Texas aerobic maintenance contract must contain, at a minimum, the six provisions in 30 TAC §285.7(d)(1): (A) items covered; (B) a time frame for responding to an owner complaint; (C) the name of the responsible maintenance provider; (D) the frequency of routine maintenance, testing, and reporting; (E) who maintains the disinfection unit; and (F) the provider’s business physical address and telephone number.

Which systems need a contract is set by 30 TAC §285.91(12), Table XII: secondary treatment, surface application, drip, non-standard systems, and holding tanks. New systems start with an initial two-year service policy under §285.7(c); after that the owner renews or, for a single-family residence, may self-maintain under §285.7(d)(4). Renewals are due to the permitting authority 30 days before expiry (§285.7(d)(2)), and ending a contract triggers 30-day written notices (§285.7(d)(3)). A deed affidavit under §285.3(b)(3) records the obligation on the property.

Summarizes public rules as of Oct 5, 2026; not legal advice; verify with your permitting authority.

What are the six required contract provisions?

30 TAC §285.7(d)(1) reads: “The OSSF maintenance contract shall, at a minimum:”

Clause	Rule text (30 TAC §285.7(d)(1))	What to write
(A)	“list items that are covered by the contract”	Components, labor, and consumables included; what is billed separately (chlorine, parts, pumping)
(B)	“specify a time frame in which the maintenance provider or maintenance technician will visit the property in response to a complaint by the property owner regarding the operation of the system”	A number of hours or days, measured from the complaint
(C)	“specify the name of the maintenance provider who is responsible for fulfilling the terms of the maintenance contract”	An individual licensed provider’s name and license number, in addition to the company name
(D)	“identify the frequency of routine maintenance and the frequency of the required testing and reporting”	Every four months, or two per year with qualifying electronic monitoring (§285.7(e)(3), §285.91(4))
(E)	“identify who is responsible for maintaining the disinfection unit”	Owner or provider; include who supplies chlorine
(F)	“indicate the business physical address and telephone number for the maintenance provider”	Physical address, not a P.O. box

Clause (C) matters because of 30 TAC §285.7(b)(2): since September 1, 2009, “the maintenance provider will be responsible for fulfilling the requirements of the maintenance contract.” The named individual signs the reports (§285.7(b)(3)). TCEQ adds that “A maintenance provider is an individual person” and that it “no longer registers OSSF maintenance companies.”

Which systems must have a contract?

30 TAC §285.7(a): “Maintenance contract requirements for all on-site sewage facilities (OSSFs) are identified in §285.91(12) of this title.” Table XII marks “Yes” in the Maintenance/Affidavit Required column for every secondary treatment system (with surface application, drainfield, ET, leaching chamber, gravelless pipe, drip emitter, low pressure dosing, or mounds), non-standard treatment with surface application, any other surface disposal system, and holding tanks. Conventional septic tank systems are marked “No.” 30 TAC §285.32(d)(3) adds that “Ongoing maintenance contracts are required for all proprietary treatment systems except those systems maintained by homeowners under the provisions of §285.7(d)(4).”

How does the initial two-year service policy work?

30 TAC §285.7(c): “The initial two-year service policy shall be effective for two years from the date the OSSF is first used. For a new single family dwelling, this date is the date of sale by the builder. For an existing single family dwelling this date is the date the notice of approval is issued by the permitting authority.” The owner or owner’s agent must give the permitting authority “a copy of the signed initial two-year service policy before the system is approved for use,” and the policy “shall meet the minimum guidelines for maintenance contracts, as described in §285.7(d)(1)(A) - (E).” The person fulfilling it must be a maintenance provider or a technician under a provider’s supervision. Detail is on The first two years of a new aerobic system.

When are renewals due to the permitting authority?

30 TAC §285.7(d)(2): a copy of the signed maintenance contract “shall be provided by the owner to the permitting authority 30 days before the expiration of the initial two-year service policy,” and for every later term “the owner is required to have a new maintenance contract signed and submitted to the permitting authority at least 30 days before the contract expires.” The duty sits with the owner, though providers commonly file on the owner’s behalf. After a termination, a new signed contract is due “no later than 30 days after termination” (§285.7(d)(3)(C)), unless self-maintaining.

What notice is owed when a contract ends?

30 TAC §285.7(d)(3), effective September 1, 2009:

• Provider discontinues: the provider “shall notify, in writing, the permitting authority, the manufacturer, and the owner at least 30 days before the date service will cease” (§285.7(d)(3)(A)).
• Owner discontinues: the provider “shall notify, in writing, the permitting authority and the manufacturer at least 30 days before the date service will cease” (§285.7(d)(3)(B)).

In both cases the provider is the party that sends the notice. Keep a dated copy of each notice with the system record.

What does the deed affidavit have to do with the contract?

Before an authorization to construct issues for a system listed in Table XII, 30 TAC §285.3(b)(3) requires the owner to “record an affidavit in the county deed records” and submit an affidavit affirming the recording. The affidavit must state, among other items, “that an OSSF requiring continuous maintenance is located on the property” and “that at any time after the initial two-year service policy, the owner of an aerobic treatment system for a single family residence shall either obtain a maintenance contract within 30 days of the transfer or maintain the system personally.” A model is in §285.90(2), Figure 2. The affidavit is filed at permitting, and it is why a buyer of an existing aerobic system has a 30-day window to sign with a provider.

Sources

• 30 TAC §285.7, Maintenance Requirements: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-7
• 30 TAC §285.3, General Requirements (affidavit): https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-3
• 30 TAC §285.91, Tables (Table XII): https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-91
• TCEQ, Maintenance of On-Site Sewage Facilities: https://www.tceq.texas.gov/permitting/ossf/ossfmaintenance.html

Last verified: 2026-10-05. Summarizes public rules as of Oct 5, 2026; not legal advice; verify with your permitting authority.

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