The Wise Report - July 24, 2016

The Wise Report

Henry M. Wise, P.G.

July 24, 2016


On July 6, 2016, TCEQ commissioners approved publication of a proposed rule on the use of graywater.  The proposed rule implements House Bill 1902, 84th Texas Legislature, which requires the TCEQ to:


  • Develop standards to allow the reuse of graywater for toilet and urinal flushing;

  • Create a new regulatory classification for “alternative onsite water” which the bill defines as “rainwater, air conditioning condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission” and develop standards for the reuse of alternative onsite water similar to the standards for graywater;

  • Allow an adjustment in the drainfield size of an on-site sewage facility (OSSF) if used in conjunction with a graywater reuse system; and

  • Develop a regulatory guidance manual to explain the graywater and alternative onsite water regulations.


The rule amends Chapter 210 of the Texas Administrative Code, 30 TAC Sections 210.81-210.85, Use of Reclaimed Water. It also amends Section 285.80, repeals Section 285.81, and proposes new Section 285.81 of Chapter 285, On-Site Sewage Facilities.


Comments are due by Aug. 22, 2016.  The TCEQ will hold a public hearing on Aug. 16, 2016, at 2:00 p.m. in Austin at the TCEQ headquarters located at 12100 Park 35 Circle, Building E, Room 201S.  The proposed rule can be found at:


For more information on providing comments to the TCEQ goto:


House Bill (HB) 2230, 84th Texas Legislature, 2015 provides authority for the TCEQ to authorize an injection well used for oil and gas waste disposal to be used for the disposal of nonhazardous brine generated by a desalination operation or nonhazardous drinking water treatment residuals (DWTR). HB 2230 adds Texas Water Code (TWC), §27.026 that allows the TCEQ to authorize, by individual permit, general permit, or by rule, a Class V injection well for the disposal of such nonhazardous brine or nonhazardous DWTR by injection into a Class II well permitted by the Railroad Commission of Texas (RRC) under TWC, Chapter 27, Subchapter C. The proposed rules are consistent with the long-standing practice of the TCEQ's Underground Injection Control (UIC) program to authorize Class V injection wells by rule.  The proposed rules to implement these changes can be found at:


Henry M. Wise, P.G.

The Wise Report


Sunday, July 24, 2016
Government Update