210E reclaimed water authorizations for Texas developments

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When a 210E fits

A 210E authorization is TCEQ's written approval to reuse industrial wastewater, alone or mixed with domestic sewage, for irrigation and other approved uses instead of discharging it. It does not fit every site. It needs:

• An industrial wastewater stream that 30 TAC §210.54 does not exclude. Hazardous wastewater, most categorical process wastewater and grease trap waste are out.
• A place for the water to go every day: reuse land you control, or a signed agreement with the user.
• A backup disposal method for the days reuse stops.

An all-domestic project cannot use 210E.

Why developers ask about it

• The county denied a septic permit.
• A discharge permit can take two to three years, with public notice and a possible contested case hearing.
• The project has an industrial tenant or process but no clear wastewater path.

A Level II 210E application has no public notice step. That is where most of the time difference comes from.

What we do

• Check eligibility: the stream, the exclusions, and whether it is commingled with domestic sewage.
• Build the reuse plan: end uses, irrigation area and a water balance, with storage sized for the days you cannot irrigate.
• Name the backup. A backup that discharges needs its own permit.
• Prepare the application on Form TCEQ-20094 and answer TCEQ's questions.
• Design the system: the storage pond, irrigation pump station and distribution.

One rule to check before you schedule

A rule effective March 2025, 30 TAC §210.2(e), reads as asking a reclaimed water producer for a treatment permit too. In our experience, TCEQ has not required one for a commingled 210E plant, but site facts can change that. We confirm it for your project before you build a schedule on it.

Results

Four MES-led 210E authorizations. They show what an eligible, complete application can do, not what every project will get:

• A 2.0 MGD wastewater plant in Caldwell County: 4 weeks, through an off-site agricultural reuse agreement.
• A Williamson County business park: 4 weeks after the county denied septic.
• A 5,000 gallon per day industrial site in Williamson County: 6 weeks.
• A 1.0 MGD mixed-use project in Hays County: 10 weeks.

Questions developers ask

Does a 210E replace a discharge permit?

For the water it reuses, in our experience, yes. If the backup disposal is a discharge, that backup needs a permit under 30 TAC Chapter 305, and a backup that has not issued does not cover day one.

How much of the flow has to be industrial?

The rule sets no percentage. Industrial wastewater with any domestic wastewater in it is commingled (§210.52(3)) and eligible for Level II (§210.53(b)(2)). The plant then has to meet the stricter commingled quality standard.

What happens if the reuse user stops taking water?

The water goes to the backup disposal method named in the application. That is why we settle the backup and the reuse agreement before you file.

Is this Texas only?

Yes. 210E is a Texas rule (30 TAC Chapter 210, Subchapter E), administered by TCEQ.

More detail: 210E reclaimed water authorizations in Texas and 210E vs TPDES, side by side.

Find out if your site qualifies

Before you close on land, our pre-acquisition utility screen tells you in writing whether the site is reuse-eligible and which permit path it opens. It is a fixed fee, delivered in 15 business days, and credited toward MES design and permitting if you proceed.

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