Aerobic maintenance contracts — who must hold one, for how long, and can homeowners self-maintain after two years?

Systems required to have maintenance contracts are listed in 30 TAC §285.91(12), the permit holder must keep the system properly operated and maintained, and since September 1, 2009 maintenance must be performed by a TCEQ-licensed maintenance provider (or a registered maintenance technician working under one) (30 TAC §285.7); TCEQ notes maintenance providers are individuals and that it no longer registers maintenance companies (TCEQ OSSF Maintenance). An initial two-year service policy runs from first use — the date of sale by the builder for a new home, or the date the notice of approval is issued for an existing home — must be filed before the system is approved for use, and a signed replacement contract must be given to the permitting authority 30 days before that policy (or any later contract) expires; if a contract is terminated, a new one is due within 30 days (30 TAC §285.7). At the end of the initial two-year policy the owner of a single-family residence may either maintain the system personally or obtain a new contract, but self-maintenance is not allowed for commercial, speculative-residential, or multifamily property (30 TAC §285.7), and TCEQ warns some permitting authorities are more stringent, requiring homeowner training or prohibiting homeowner maintenance outright (TCEQ OSSF Maintenance) — Washington County, for example, may force a self-maintaining homeowner back onto a provider contract after two or more violations in 12 months (Washington County Order), and Bexar County requires the homeowner to file the service contract with the county after the initial 2-year permit period, with quarterly provider reports (Bexar County). Owners of systems requiring continuous maintenance must also record an affidavit in the county deed records before the authorization to construct is issued (30 TAC §285.3).

Reviewed August 2026. Links go to the sources this answer was checked against.