Emergency Repairs on a Texas OSSF: The 72-Hour Notice

Under 30 TAC §285.35, an emergency repair is one made “for the abatement of an immediate, serious and dangerous health hazard” that “does not constitute an alteration of that OSSF system’s planning materials and function.” The rule’s examples are replacing tank lids, replacing inlet and outlet devices, repairing risers and riser caps, repairing or replacing disinfection devices, repairing damaged drip irrigation tubing, and repairing solid lines. The work can begin at once, but the person who makes it must send the permitting authority a written notice within 72 hours after starting, describing the methods and materials used (§285.35(c)). The permitting authority may then choose to inspect (§285.35(d)). For aerobic maintenance providers, the repair that comes up most often is a failed chlorinator: §285.33(d)(2)(D) names a licensed maintenance provider and a registered maintenance technician among the people who may replace one.

Summarizes public rules as of Oct 14, 2026; not legal advice; verify with your permitting authority.

What does the rule say?

30 TAC §285.35 is short. It has four parts:

“(a) An emergency repair may be made to an OSSF providing that the repair: (1) is made for the abatement of an immediate, serious and dangerous health hazard; and (2) does not constitute an alteration of that OSSF system’s planning materials and function.”

“(b) Emergency repairs include tasks such as replacing tank lids, replacing inlet and outlet devices, repairing risers and riser caps, repairing or replacing disinfection devices, repairing damaged drip irrigation tubing and repairing solid lines. Such repairs must meet criteria established in this chapter.”

“(c) The individual authorized to make the repair shall notify the permitting authority, in writing, within 72 hours after starting the emergency repairs. The notice must include a detailed description of the methods and materials used in the repair.”

“(d) An inspection of the emergency repairs may be required at the discretion of the permitting authority.”

Both tests in (a) must be met. A repair that changes how the system was designed to work, such as a larger tank or a moved disposal area, is not an emergency repair, however urgent it feels. The last sentence of (b) also matters: an emergency repair still has to meet the construction criteria elsewhere in Chapter 285.

Which repairs fit, and who may make them?

The table lists each example the rule names and what the rule text says about who does it.

Repair named in §285.35(b)	Who the rule names	Rule
Repairing or replacing a disinfection device on an existing system	A licensed installer II, a licensed maintenance provider, or a registered maintenance technician	30 TAC §285.33(d)(2)(D)
Replacing tank lids; repairing risers and riser caps	Not named in §285.35; check the permitting authority	§285.35(b)
Replacing inlet and outlet devices	Not named in §285.35; check the permitting authority	§285.35(b)
Repairing damaged drip irrigation tubing	Not named in §285.35; check the permitting authority	§285.35(b)
Repairing solid lines	Not named in §285.35; check the permitting authority	§285.35(b)

The disinfection device is the clear case. §285.33(d)(2)(D) reads: “Replacement of disinfection devices on existing systems may be considered an emergency repair as described in §285.35 of this title (relating to Emergency Repairs) and shall be performed by either a licensed installer II, a licensed maintenance provider, or a registered maintenance technician.” Installing a disinfection device on a new system is different: the same paragraph requires a licensed installer II.

For the other examples, §285.35 says only “the individual authorized to make the repair.” It does not list who that is. Anyone who maintains aerobic systems must hold a maintenance provider license or a maintenance technician registration (30 TAC §285.50(j)), and the scope of each credential is on maintenance provider vs. maintenance technician. If a repair is outside what your credential covers, the permitting authority is the one to ask before you start.

What should the 72-hour notice include?

The rule asks for two things: that the notice is in writing, and that it includes “a detailed description of the methods and materials used in the repair.” It does not prescribe a form. A notice that will stand up later usually carries:

• the property address, the owner and the OSSF permit number;
• the date and time the repair started, which is when the 72 hours begin;
• what failed and why it was a health hazard, such as a broken lid over an open tank or a chlorinator that could no longer disinfect;
• what was replaced or repaired, with the part’s make and model where it has one;
• who did the work and their TCEQ license or registration number.

The clock runs from the start of the work, not its end, and the rule counts hours, not business days. A repair started on a Friday afternoon is due by Monday afternoon.

How does this fit with the maintenance report?

They are separate duties. The maintenance report records every routine visit and goes to the permitting authority and the owner within 14 days of the test (30 TAC §285.7(e)(1)(B)). The emergency-repair notice is a second document with its own 72-hour clock. When a disinfection device is replaced during a scheduled visit, list it on the visit report as a component replaced, and send the §285.35(c) notice as well. What a Texas maintenance report must contain covers the report side.

Where the permitting authority wants the notice, and in what form, varies by county; how reports reach the permitting authority explains the channels, and each county’s page says what is known about its own.

What is not an emergency repair?

Anything that changes the system’s planning materials or function falls outside §285.35(a)(2) and goes through the permitting authority’s normal process. When the line is unclear, call the permitting authority before the work: the rule gives 72 hours to report a repair, not to decide whether it was allowed.

Sources

• 30 TAC §285.35, Emergency Repairs: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-35
• 30 TAC §285.33, Criteria for Effluent Disposal Systems (disinfection devices, (d)(2)(D)): https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-33
• TCEQ, On-Site Sewage Facility Rules Compilation (RG-472): https://www.tceq.texas.gov/downloads/publications/rg/on-site-sewage-facility-rules-compilation-rg-472.pdf

Last verified: 2026-10-14. Summarizes public rules as of Oct 14, 2026; not legal advice; verify with your permitting authority.

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