Texas Effluent Disposal, Reuse & Regulatory Compliance

Texas wastewater operators must understand what happens to treated effluent after treatment. Depending on the facility authorization, effluent may be discharged to surface water, disposed of by land application, or beneficially reused as reclaimed water.

These alternatives are regulated differently by the Texas Commission on Environmental Quality, or TCEQ. Operators should understand the distinction among a TPDES discharge, a Texas Land Application Permit, and a reclaimed-water authorization under 30 TAC Chapter 210.

Three Important Regulatory Concepts

For exam purposes, keep these three concepts separate:

• TPDES generally authorizes discharge of treated wastewater into or adjacent to water in the state.
• TLAP authorizes disposal of treated wastewater by approved land-application methods without an authorized surface-water discharge.
• Chapter 210 reclaimed-water authorization regulates beneficial reuse of treated wastewater for an approved purpose.

Disposal and Beneficial Reuse Are Not the Same

Texas distinguishes wastewater disposal from reclaimed-water reuse.

Land application under a TLAP is a method of wastewater disposal.

Chapter 210 beneficial reuse occurs when treated wastewater replaces potable water, raw water, or another water resource that would otherwise be required for an approved use.

TPDES Discharge

A facility operating under a TPDES permit can discharge treated effluent at an authorized outfall subject to permit limits and monitoring requirements.

The operator must understand:

• authorized discharge location;
• permitted flow;
• effluent limits;
• sampling requirements;
• reporting requirements;
• special permit conditions.

Unauthorized Discharge

A discharge outside the location, conditions, or authorization established by the permit can create a compliance violation.

Examples can include:

• overflow from a treatment unit;
• runoff from a land-application area;
• discharge through an unauthorized pipe;
• bypass of required treatment;
• failure of containment facilities.

Texas Land Application Permit

A Texas Land Application Permit, or TLAP, authorizes treated domestic wastewater to be disposed of through approved land-based methods.

TCEQ identifies methods including:

• surface irrigation;
• evaporation;
• drainfields;
• subsurface land application.

TLAP Is Generally a No-Discharge Authorization

The basic operating objective is to keep treated wastewater within the authorized disposal system and prevent an unauthorized discharge to surface water.

Surface Irrigation

Surface irrigation applies treated effluent to approved land areas.

Operators should monitor:

• application rate;
• soil moisture;
• weather;
• rainfall;
• vegetation;
• sprinkler or irrigation performance;
• runoff;
• ponding.

Do Not Apply More Water Than the Site Can Accept

Excessive application can cause:

• runoff;
• ponding;
• soil saturation;
• movement of wastewater outside the authorized area.

An operator should adjust irrigation to actual site and weather conditions while following the permit.

Rainfall Matters

Wet weather can reduce the amount of effluent that can safely be land applied.

If irrigation is reduced, storage capacity becomes especially important.

Effluent Storage

TLAP facilities can rely on storage when land application is temporarily unavailable.

Operators should monitor:

• pond level;
• remaining storage volume;
• weather forecast;
• expected influent flow;
• irrigation availability.

Storage Is an Operational Buffer

Storage provides time to manage periods when effluent cannot be land applied, but it is not unlimited.

Operators should recognize declining available storage before an emergency develops.

Subsurface Land Application

Subsurface systems distribute treated effluent below the ground surface.

Operator concerns can include:

• hydraulic loading;
• pressure;
• filter condition;
• distribution zones;
• pump performance;
• alarms;
• surface breakout.

Surface Breakout

Effluent appearing at the ground surface can indicate a problem with subsurface disposal.

Possible causes include:

• hydraulic overloading;
• clogging;
• damaged piping;
• poor soil infiltration;
• distribution failure.

Evaporation Systems

Some TLAP facilities use evaporation as an authorized disposal method.

Operators must maintain sufficient containment and manage water levels so wastewater remains within permitted facilities.

Land Application Area

The authorized acreage is part of the disposal system.

Operators should not assume that additional nearby land can automatically be used for disposal.

Use must remain within areas and conditions authorized by the permit.

Soil Monitoring

Some TLAP irrigation permits require periodic soil sampling.

TCEQ provides Soil Monthly Effluent Report forms for applicable soil monitoring.

The permit specifies:

• sampling intervals;
• sample depths;
• required parameters.

Reclaimed Water

Reclaimed water is treated wastewater that is safe and suitable for an authorized beneficial use that would otherwise require another water resource.

Texas Chapter 210 applies to producers, providers, and users of reclaimed water.

Untreated Wastewater Cannot Be Reused as Reclaimed Water

TCEQ specifically prohibits reuse of untreated wastewater as reclaimed water.

Treatment must occur before the wastewater can qualify for authorized reclaimed-water use.

Municipal Reclaimed Water

Municipal reclaimed water is treated water derived primarily from permitted domestic wastewater treatment facilities.

Texas divides municipal reclaimed-water uses into:

• Type I;
• Type II.

Type I Reclaimed Water

Type I reclaimed water is used where human contact with the reclaimed water is likely.

Examples identified by TCEQ include:

• public parks;
• school yards;
• residential lawns;
• athletic fields;
• fire protection;
• certain food-crop irrigation;
• pastures grazed by milking animals.

Type I Can Be Used for Type II Applications

Because Type I meets the higher reclaimed-water use category, it can also be used for appropriate Type II applications.

Type II Reclaimed Water

Type II reclaimed water is used where human contact is unlikely.

Examples can include:

• remote or restricted irrigation areas;
• sod farms;
• tree farms;
• limited-access highway rights of way;
• soil compaction;
• dust control;
• cooling tower makeup water;
• certain wastewater-treatment-facility uses.

Type II Cannot Be Used for Type I Uses

Reclaimed water treated only to Type II requirements cannot automatically be used where Type I quality is required.

Additional treatment and TCEQ authorization can be required before such a change.

Public Contact Determines the Basic Type

A useful exam distinction is:

• Type I: public contact is likely;
• Type II: public contact is unlikely.

Authorization to Provide Municipal Reclaimed Water

TCEQ requires written approval before a provider supplies Type I or Type II municipal reclaimed water to another party for reuse.

The current application is:

TCEQ Form 20427

Application materials can include:

• reuse contract;
• operation and maintenance plan;
• other information required by Chapter 210.

Producer, Provider, and User

Chapter 210 distinguishes among different roles.

• Producer: produces reclaimed water.
• Provider: supplies reclaimed water to another party.
• User: uses reclaimed water for an authorized beneficial purpose.

An entity can sometimes perform more than one of these roles.

Producer Must Have Wastewater Authorization

A reclaimed-water producer must have the appropriate underlying wastewater authorization.

Current Chapter 210 requirements recognize authorizations such as:

• TPDES permit;
• TLAP;
• other applicable authorization allowed by TCEQ rules.

Reuse Does Not Replace the Underlying Wastewater Permit

A Chapter 210 reclaimed-water authorization does not mean the treatment facility no longer needs its wastewater permit.

The facility still needs an authorized method for wastewater treatment and final disposal or discharge.

On-Demand Reuse

Reclaimed water reuse is based on beneficial demand.

A user may not always need all the reclaimed water produced.

The wastewater facility therefore must maintain an authorized method for handling effluent when reuse demand decreases.

Example: Irrigation Stops During Heavy Rain

If a reclaimed-water customer temporarily stops accepting water, the treatment facility must still have an authorized way to manage the effluent.

Depending on the facility, this can involve:

• permitted discharge;
• authorized land disposal;
• storage;
• another approved method.

Reclaimed-Water Sampling

Producers of Type I and Type II municipal reclaimed water must sample and analyze the reclaimed water before distribution as required by the authorization.

Monthly Effluent Reports for Domestic Reuse

TCEQ currently requires operators of domestic wastewater reuse authorizations to submit required monthly effluent sample results using MER forms.

The authorization specifies which parameters must be monitored.

Do Not Sample for Every Parameter on the Generic Form Automatically

TCEQ's generic MER can include more parameters than a particular authorization requires.

The operator should follow the actual authorization.

On-Site Domestic Reuse

TCEQ currently states that on-site domestic water reuse does not require the same monthly sampling submission required for off-site domestic reuse authorizations.

Operators should still follow all applicable treatment, permit, and operating requirements.

Reclaimed-Water Storage

TCEQ establishes storage requirements for reclaimed water.

Unless stored in a leak-proof fabricated tank, initially delivered reclaimed water generally must be placed in an appropriately lined pond meeting Chapter 210 requirements.

Storage Must Protect Water Quality

Operators should inspect reclaimed-water storage for:

• leaks;
• overflow risk;
• embankment problems;
• unauthorized discharge;
• cross connections.

Cross-Connection Protection

Reclaimed water must remain separated from potable drinking-water systems.

A connection that allows reclaimed water to enter a potable system can create a serious public-health hazard.

Identification of Reclaimed-Water Systems

Reclaimed-water piping and facilities should be identified and operated according to applicable requirements to reduce the possibility of accidental potable-water connections.

Do Not Use Reclaimed Water for an Unauthorized Purpose

An authorization specifies the approved type and use of reclaimed water.

A major change can require TCEQ approval.

Examples of Major Changes

TCEQ rules identify examples including:

• change to the approved service-area boundary;
• addition of a new producer;
• major change in intended use;
• change between Type I and Type II uses.

Edwards Aquifer Considerations

Special requirements can apply to reclaimed-water use in the Edwards Aquifer area.

Operators should not assume that authorization elsewhere in Texas automatically satisfies all requirements in that area.

Reclaimed Water and State Watercourses

If reclaimed water is conveyed through a state watercourse before reaching the user, separate water-right authorization can be necessary.

If reclaimed water is piped directly to the user or holding facility without entering a state watercourse, different water-right considerations apply.

Beneficial Reuse Credit

Some TLAP facilities can qualify for a beneficial reuse credit.

This credit recognizes demonstrated reclaimed-water demand when calculating required land-application acreage.

What a Beneficial Reuse Credit Can Do

TCEQ states that an approved credit can be used to:

• reduce required land-application acreage;
• increase permitted flow without reducing existing acreage;
• combine increased flow with acreage reduction.

What It Cannot Do

A beneficial reuse credit cannot be used to reduce required effluent storage capacity.

This is an important distinction because reuse demand can stop temporarily.

Operator Responsibilities for Reuse

Operators should understand:

• reclaimed-water quality requirements;
• sampling requirements;
• authorized uses;
• storage requirements;
• distribution system;
• cross-connection protection;
• recordkeeping;
• reporting.

Reuse Quality Must Match the Use

The required reclaimed-water quality depends on the approved use.

Operators should not assume that water acceptable for restricted Type II irrigation is acceptable for unrestricted Type I public-contact applications.

Operational Reliability

A reclaimed-water program still depends on reliable wastewater treatment.

Problems with treatment can affect:

• reuse quality;
• customer delivery;
• permit compliance;
• storage requirements.

Example: Type II Water Requested for Residential Lawn Irrigation

Residential lawn irrigation involves likely public contact and is a Type I use.

Type II reclaimed water cannot simply be redirected to that use without meeting applicable Type I requirements and receiving required authorization.

Example: Type I Water Used for Dust Control

Type I reclaimed water can generally be used for an appropriate Type II application such as dust control because Type I meets the higher category.

Example: TLAP Field Is Saturated

The operator should reduce or stop application according to permit and site conditions rather than creating runoff.

The facility must rely on available storage or another authorized disposal method.

Example: Irrigation Customer Stops Taking Reclaimed Water

The producer must still have an authorized method of managing the wastewater.

Reuse demand cannot be the facility's only plan if the underlying authorization requires another disposal method.

Example: Reclaimed-Water Storage Pond Approaches Capacity

The operator should evaluate:

• remaining storage;
• influent rate;
• reuse demand;
• weather;
• authorized disposal alternatives.

Example: TLAP Irrigation Produces Runoff

Runoff outside the authorized application area can become an unauthorized discharge.

The operator should stop the condition, document it, notify responsible personnel, and follow applicable reporting requirements.

Example: New Reclaimed-Water Customer Is Added

The provider should determine whether TCEQ approval or modification of the existing authorization is required before beginning service.

Example: Wastewater Has Not Completed Required Treatment

Untreated or partially treated wastewater cannot simply be labeled reclaimed water and used under Chapter 210.

Common Disposal and Reuse Mistakes

• Confusing TLAP land disposal with Chapter 210 beneficial reuse.
• Assuming reclaimed water can be untreated wastewater.
• Applying TLAP effluent until runoff occurs.
• Ignoring rainfall and soil saturation.
• Failing to maintain adequate storage.
• Using Type II reclaimed water for a Type I use without required treatment and approval.
• Providing municipal reclaimed water to another party without required TCEQ approval.
• Assuming reuse eliminates the underlying wastewater permit requirement.
• Failing to perform required reclaimed-water sampling.
• Failing to submit required MER data.
• Creating a cross connection between reclaimed and potable water.
• Changing an authorized use without determining whether TCEQ approval is required.

A Practical TLAP Review

1. Review authorized disposal method.
2. Verify authorized application area.
3. Review current soil and weather conditions.
4. Review irrigation rate.
5. Check runoff and ponding.
6. Check storage capacity.
7. Review required soil sampling.
8. Maintain disposal and monitoring records.

A Practical Reclaimed-Water Review

1. Identify Type I or Type II use.
2. Verify TCEQ authorization.
3. Verify approved service area and users.
4. Verify required treatment.
5. Verify required sampling.
6. Review MER reporting requirements.
7. Inspect storage.
8. Protect against potable-water cross connections.
9. Verify alternate authorized effluent management when reuse demand is unavailable.

What to Remember for the Exam

• TPDES generally regulates discharge to water in the state.
• TLAP generally regulates land disposal of treated wastewater.
• Chapter 210 regulates beneficial reuse of reclaimed water.
• Land disposal and beneficial reuse are different regulatory concepts.
• TLAP disposal methods include surface irrigation, evaporation, drainfields, and subsurface land application.
• TLAP operators must prevent unauthorized runoff and discharge.
• Some TLAP sites have soil-sampling and reporting requirements.
• Reclaimed water is treated wastewater used beneficially instead of another water resource.
• Reuse of untreated wastewater as reclaimed water is prohibited.
• Type I reclaimed water is used where public contact is likely.
• Type II reclaimed water is used where public contact is unlikely.
• Type I reclaimed water can be used for appropriate Type II uses.
• Type II reclaimed water cannot automatically be used for Type I applications.
• TCEQ written approval is required before municipal Type I or Type II reclaimed water is provided to another party.
• TCEQ Form 20427 is used to apply for municipal reclaimed-water reuse by another party.
• A reclaimed-water producer still needs an appropriate underlying wastewater authorization.
• Operators of domestic wastewater reuse authorizations report required monthly effluent sampling on MER forms.
• Reclaimed-water storage and distribution must comply with Chapter 210 requirements.
• Reclaimed water must be protected from cross connection with potable water.
• Reuse demand does not eliminate the need for reliable wastewater treatment and an authorized method of managing effluent when reuse is unavailable.