Texas Gray Water Law
This document contains the text of the various Texas Graywater codes, as copied from the Texas Water Code, Texas Health and Safety Code, and the Texas Administrative Code in January 2009.
Notes with highlight are comments from Oasis design and are not part of the original.
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Section 26.0311 of Texas Water Code
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE D. WATER QUALITY CONTROL
CHAPTER 26. WATER QUALITY CONTROL
SUBCHAPTER A. ADMINISTRATIVE PROVISIONS
Sec. 26.0311. STANDARDS FOR CONTROL OF GRAYWATER. (a) In this section, "graywater" means wastewater from clothes washing machines, showers, bathtubs, handwashing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients. The term does not include wastewater:
(1) that has come in contact with toilet waste;
(2) from the washing of material, including diapers, soiled with human excreta; or
(3) from sinks used for food preparation or disposal.
(b) The commission by rule shall adopt and implement minimum standards for the use of graywater for:
(1) irrigation and other agricultural purposes;
(2) domestic use, to the extent consistent with Section 341.039, Health and Safety Code;
(3) commercial purposes; and
(4) industrial purposes.
(c) The standards adopted by the commission under Subsection (b) must assure that the use of graywater is not a nuisance and does not damage the quality of surface water and groundwater in this state.
Added by Acts 1987, 70th Leg., ch. 541, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 233, Sec. 1, eff. Aug. 30, 1993; Acts 2003, 78th Leg., ch. 689, Sec. 1, eff. Sept. 1, 2003.
Section 341.039 of the Texas Health and Safety Code
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE A. SANITATION
CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 341.039. GRAYWATER STANDARDS. (a) The commission by rule shall adopt and implement minimum standards for the use and reuse of graywater for:
(1) irrigation and other agricultural purposes;
(2) domestic use, to the extent consistent with Subsection (c);
(3) commercial purposes; and
(4) industrial purposes.
(b) The standards adopted by the commission under Subsection (a) must assure that the use of graywater is not a nuisance and does not damage the quality of surface water and groundwater in this state.
(c) The commission may not require a permit for the domestic use of less than 400 gallons of graywater each day if the graywater:
(1) originates from a private residence;
(2) is used by the occupants of that residence for gardening, composting, or landscaping at the residence;
(3) is collected using a system that overflows into a sewage collection or on-site wastewater treatment and disposal system;
(4) is stored in tanks that:
(A) are clearly labeled as nonpotable water;
(B) restrict access, especially to children; and
(C) eliminate habitat for mosquitoes and other vectors;
(5) uses piping clearly identified as a nonpotable water conduit, including identification through the use of purple pipe, purple tape, or similar markings;
(6) is generated without the formation of ponds or pools of graywater;
(7) does not create runoff across the property lines or onto any paved surface; and
(8) is distributed by a surface or subsurface system that does not spray into the air.
(d) Each builder is encouraged to:
(1) install plumbing in new housing in a manner that provides the capacity to collect graywater from all allowable sources; and
(2) design and install a subsurface graywater system around the foundation of new housing in a way that minimizes foundation movement or cracking.
(e) In this section, "graywater" means wastewater from clothes-washing machines, showers, bathtubs, hand-washing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients. The term does not include wastewater:
(1) that has come in contact with toilet waste;
(2) from the washing of material, including diapers, soiled with human excreta; or
(3) from sinks used for food preparation or disposal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 233, Sec. 2, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.16, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 689, Sec. 2, eff. Sept. 1, 2003.
Rule 285.80 from the Texas Administrative Code
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 285 ON-SITE SEWAGE FACILITIES
SUBCHAPTER H DISPOSAL OF GRAYWATER
RULE §285.80 General Requirements
(1) showers;
(2) bathtubs;
(3) handwashing lavatories;
(4) sinks that are not used for disposal of hazardous or toxic ingredients;
(5) sinks that are not used for food preparation or disposal; and
(6) clothes-washing machines.
(b) Graywater does not include wastewater from the washing of material, including diapers, soiled with human excreta or wastewater that has come in contact with toilet waste.
(c) Construction of a graywater system, including storage and disposal systems, must comply with this chapter and any more stringent requirements of the local permitting authority. For the purposes of this subchapter, a graywater system begins at the graywater stub-out of a single family dwelling.
Source Note: The provisions of this §285.80 adopted to be effective February 5, 1997, 22 TexReg 1114; amended to be effective June 13, 2001, 26 TexReg 4115; amended to be effective January 6, 2005, 29 TexReg 12204