Section 8: Wastewater Discharges
The department's policy is to deny requests that seek permission to discharge wastewater directly to department property. The department concludes that a wastewater discharge onto department property would constitute a trespass and unauthorized use of property rights owned by the state. Unless the property can be determined surplus and other statutory requirements met under Transportation Code Sections 202.021 or 202.052, the property cannot be sold or leased for this purpose.
A District Engineer, with the agreement of the Director of the Maintenance Division, may make an exception to the requirements in the preceding paragraph, if a person making a request to discharge shows that there is no feasible and prudent alternative to the proposed discharge to department property. If an exception is made, the department will require a written license agreement with the person (the "discharger") and such license agreement will not convey any property rights to the discharger. Form 2489 "Agreement for Access to TxDOT Right of Way For Purposes of Wastewater Discharges" should be used for this purpose. Among other terms, the agreement requires the discharger to:
- reimburse the department for reasonable construction or maintenance work on department property that the department deems appropriate as a result of the discharge
- indemnify the department for all liabilities incurred by the department as a result of the discharge
- compensate the department for any adverse impacts to department property as a result of the discharge including environmental contamination and erosion.
The agreement must allow the department, in its sole discretion, to cancel the authorization to discharge upon reasonable notice. The agreement cannot require a cancellation notice period of more than 60 days.
Department staff should request assistance from the Office of General Counsel concerning a proposed wastewater discharge to a watercourse or a navigable river that lies within the boundaries of department property.
(A person that desires to install a utility (e.g. a wastewater pipeline) on highway right of way should follow the requirements in chapter 1 (“ Utility Policy”) in this manual.)