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Guide

Texas or New Mexico: Which Portable Toilet Rules Apply?

Which portable toilet rules apply in El Paso and Sunland Park, Santa Teresa and Anthony NM: Texas TCEQ rules, New Mexico septage rules, and what this guide does not confirm.

Illustration for the guide "Texas or New Mexico: Which Portable Toilet Rules Apply?" (El Paso, TX)
Short answer

The rules follow the state where the unit stands. In Texas, the Texas Commission on Environmental Quality requires registration to transport chemical toilet waste. In New Mexico, the state environment department regulates septage pumping. Tell the provider which side of the state line the site is on, and it names the registration that covers the work.

Key takeaways

  • Rules follow the state where the unit stands, so the state line matters.
  • Texas requires registration to transport chemical toilet waste, under the TCEQ transporter rules.
  • Texas disposal must be at an authorised facility, and trip tickets are kept.
  • In New Mexico the state environment department regulates septage pumping.
  • Whether portable-toilet waste counts as septage in New Mexico was not confirmed.

Why does the state line change the rules?

Texas and New Mexico are separate states with separate regulators, so a unit on one side of the line falls under that side's rules. A site in Sunland Park, Santa Teresa or Anthony, New Mexico is not governed by Texas rules, and the reverse is also true.

Anthony, Texas and Anthony, New Mexico are two different towns on opposite sides of the line. Each follows its own state's rules, and a page for one should never borrow the other's.

Say which side the site is on when you call. The provider names the rules and registration for that side.

What do the Texas rules require?

Transporting chemical toilet waste in Texas requires registration under the Texas Commission on Environmental Quality's rules for sludge transporters. Haulers must dispose of waste only at authorised facilities, and keep trip tickets.

The Texas guide to transporting sludge waste is TCEQ's RG-309. The transporter registration is made on TCEQ's municipal sludge transporter form.

Fees, vehicle-marking details and any local El Paso hauler permit were not sourced. Do not assume one exists or does not exist, and ask the provider and the city.

  • Registration to transport chemical toilet waste.
  • Disposal only at an authorised facility.
  • Trip tickets kept for each load.
  • A manifest given to the customer.

What do the New Mexico rules require?

In New Mexico the state environment department's Liquid Waste Program runs the state's liquid-waste rules. Septage pumpers must use a permitted disposal facility with the owner's consent, and keep invoices and disposal records for three years.

The New Mexico rules on septage pumper registration list a registration for septage pump trucks. The copies of those rules checked for this guide may not be current.

Whether portable-toilet waste counts as septage under these rules was not confirmed. Ask the provider which registration covers the work, and do not assume the Texas rule applies.

What should a caller ask the provider?

Ask which side of the state line the site is on, which registration covers the work there, where the waste is disposed of, and what records the provider keeps. Those four answers settle most of the questions a caller has.

Get the answers in writing before the unit is placed. A provider that can name the registration and the disposal facility is answering the question the rules ask.

Ask whether the provider's permit or registration covers the sites in both states, if your work crosses the line.

Frequently asked questions

Do Texas rules apply in Sunland Park, New Mexico?

No. Sunland Park is in New Mexico, and New Mexico rules apply there. The provider names the New Mexico registration that covers the work.

Is Anthony, Texas the same as Anthony, New Mexico?

No. They are two different towns on opposite sides of the state line, under different states and regulators.

Does a Texas hauler need a registration?

Texas requires registration to transport chemical toilet waste under the TCEQ transporter rules. Ask the provider to show its registration for the site.

Does the New Mexico rule cover portable toilets?

That was not confirmed. The New Mexico environment department regulates septage pumping, and the provider says which registration covers its work.

Sources

  1. Texas Commission on Environmental Quality, transporting sludge wastes in Texas
  2. New Mexico Compilation Commission, NMAC rules

This guide is general information for El Paso County homeowners, not a substitute for an on-site inspection. Prices are estimates. See our disclaimer.

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