What Happens If an Aerobic Report Is Late in Texas?

30 TAC Chapter 285 does not attach a dollar fine to a late aerobic maintenance report. It makes missed reports a stated ground for action against the maintenance provider’s license. 30 TAC §285.65(a)(1) allows TCEQ to suspend a license for “failing to properly submit maintenance reports … for an individual OSSF in a 12-month period” or “failing to properly submit four or more required OSSF maintenance reports over any two-year period.” §285.65(b)(5)(B) allows revocation for failing to submit reports “for an individual homeowner in any consecutive 12-month period.”

The permitting authority acts first. Under 30 TAC §285.71(a), an authorized agent must investigate a complaint within 30 days and “take appropriate and timely action on all documented violations,” which “may include criminal or civil enforcement action.” It may refer the matter to TCEQ (§285.71(c)).

The report itself remains due: file it, record why it was late, and keep the receipt.

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

What exactly does the rule require?

30 TAC §285.7(e)(1)(B) requires each report to “be submitted to the permitting authority and the owner within 14 days after the date the test is performed.” A report delivered on day 15 is late under that text. The duty belongs to the licensed maintenance provider (§285.7(b)(2)), and the provider must sign it (§285.7(b)(3)). See When is the Texas aerobic maintenance report due?.

What does the rule say about consequences?

Consequence	Rule	What the text says
License suspension	30 TAC §285.65(a)(1)(B)	“failing to properly submit maintenance reports required by §285.7(d) of this title … for an individual OSSF in a 12-month period”
License suspension	30 TAC §285.65(a)(1)(C)	“failing to properly submit four or more required OSSF maintenance reports over any two-year period”
License suspension	30 TAC §285.65(a)(1)(A)	“failing to perform required maintenance on an OSSF for at least eight consecutive months (the failure to maintain records is evidence of failure to perform maintenance on the OSSF)”
License revocation	30 TAC §285.65(b)(5)(B)	“failing to properly submit maintenance reports … for an individual homeowner in any consecutive 12-month period”
License revocation	30 TAC §285.65(b)(5)(A)	“failing to perform required maintenance on an aerobic OSSF in a 12-month period”
Local enforcement	30 TAC §285.71(a)	Authorized agent investigates within 30 days; action “may include criminal or civil enforcement action” under the local order, Water Code Chapters 7 and 26, or Health and Safety Code Chapters 341 and 366
Referral to TCEQ	30 TAC §285.71(c)	Agent “may refer complaints to the executive director in writing” after a documented investigation
Other grounds	30 TAC §285.65(a), (b)	Texas Water Code §7.303 grounds also apply; the listed grounds are “not limited to” those shown

Two readings of §285.65 matter in practice. First, the suspension ground in (a)(1)(B) is written per system: a pattern of late reports on a single property in a 12-month window is enough. Second, the “failure to maintain records is evidence of failure to perform maintenance” clause in (a)(1)(A) means a visit you cannot document is treated as a visit that did not happen.

What do permitting authorities typically do? (common practice, not rule text)

Chapter 285 leaves the local response to each authorized agent’s order. The following describes what Texas counties and river authorities commonly do; none of it is required by the state rule, and local orders differ:

• Delinquency notices to the owner. Most authorities track report due dates against the contract and send the owner a notice when a report is missing. The owner, not the provider, is usually the addressee because the permit is in the owner’s name (§285.3(e)(2)).
• Provider contact. Many authorities call or email the provider of record listed on the contract before escalating.
• Local fees or citations. Some local orders provide for late fees, re-inspection fees, or citations against the owner. The amounts and triggers are in the local order, not in Chapter 285.
• Complaint to TCEQ. Repeated failures can be referred to TCEQ’s OSSF program, which can act under §285.65.

Confirm the steps with each permitting authority you file with and record them so office staff know what a notice means.

How do you document a late or corrected report?

The rule does not describe a resubmission process, so the aim is a record that answers the questions §285.65 raises: was the maintenance performed, and was the report properly submitted? Common practice:

1. Keep the original test date on the report. Do not change it to the filing date. The 14-day clock runs from “the date the test is performed” (§285.7(e)(1)(B)).
2. Record the actual submission date and method for both recipients, the permitting authority and the owner.
3. Add a short reason in the comments field of Figure 3 (§285.90(3) item 7) or in the cover message: portal outage, staffing, lab turnaround, owner address change.
4. Save the receipt or confirmation. For portals, the confirmation number and timestamp; for email, the sent message; for paper, a date-stamped copy. See Where and how do maintenance providers file reports in Texas?.
5. If the report was filed but rejected or corrected, keep both versions and the authority’s message. A corrected report is still a submitted report.
6. Keep the retained copy required by Figure 3 and the records required by §285.64(a)(2).

Does a missed visit count differently from a missed report?

Yes. The rule treats them as two failures. §285.65(a)(1)(A) and (b)(5)(A) address failing to perform maintenance; (a)(1)(B), (a)(1)(C), and (b)(5)(B) address failing to submit reports. A visit performed on time but reported late touches only the second group. A visit that never happened cannot be cured by a report, and a report describing a visit that did not occur raises accuracy issues beyond Chapter 285.

Sources

• 30 TAC §285.65, Suspension or Revocation of License or Registration: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-65
• 30 TAC §285.71, Authorized Agent Enforcement of OSSFs: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-71
• 30 TAC §285.7, Maintenance Requirements: https://www.law.cornell.edu/regulations/texas/30-Tex-Admin-Code-SS-285-7
• 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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