Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 217 - DESIGN CRITERIA FOR DOMESTIC WASTEWATER SYSTEMS › Subchapter A - ADMINISTRATIVE REQUIREMENTS › Section 217.7 - Types of Plans and Specifications Approvals

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval given by the executive director
				  or other review authority authorized under Texas Water Code, §
										26.034(d)
				  and §
										217.8 of
				  this title (relating to Municipality Reviews) or §
										217.9
				  of this title (relating to Texas Water Development Board Reviews) does not
				  relieve an owner of any liability or responsibility with respect to designing,
				  constructing, or operating a collection system or wastewater treatment facility
				  in accordance with applicable commission rules and the associated wastewater
				  permit.
(b) The executive director,
				  a municipality authorized under §
										217.8 of
				  this title, or the Texas Water Development Board, as authorized in §
										217.9
				  of this title, may grant the following types of approvals: standard approvals;
				  innovative and non-conforming technology approvals; and conditional approvals.
(1) Standard approval. The executive director
				  may grant a standard approval for plans and specifications that do not include
				  any variance requests, do not include any innovative or non-conforming
				  technologies, and comply with all applicable parts of this chapter.
(2) Approval of innovative and non-conforming
				  technologies. The executive director may grant approval of innovative and
				  non-conforming technologies in accordance with §
											217.4 of
				  this title (relating to Variances).
(A) An
				  owner who requests approval for an innovative or non-conforming technology must
				  submit a summary transmittal letter in accordance with §
												217.6(d)
				  of this title (relating to Submittal Requirements and Review Process) and must
				  describe the technology and give the reason(s) for selecting the
				  technology.
(B) An owner must
				  receive written approval from the executive director before constructing,
				  installing, or operating any innovative or non-conforming technology.
(C) The executive director may require a
				  pilot or demonstration study for an innovative or non-conforming technology.
				  Performance data from a similarly designed full-scale process that has operated
				  for a reasonable period under conditions similar to those of a proposed design,
				  as determined by the executive director, may be submitted in addition to or in
				  lieu of a pilot or demonstration study.
(D) The executive director may require an
				  owner to submit evidence that the owner, the manufacturer, or the supplier of
				  the equipment for innovative or non-conforming technology has provided a
				  performance bond that:
(i) is acceptable to
				  the executive director;
(ii) is
				  from a surety company listed on the United States Treasury Department's current
				  Listing of Certified Companies; and
(iii) insures the performance of the
				  equipment for innovative or non-conforming technology.
(E) The performance bond referenced in
				  subparagraph (D) of this paragraph must guarantee the innovative or
				  non-conforming technology for at least two years from the date the treatment
				  unit or equipment is put into service, and must include:
(i) the full cost of removing equipment and
				  closing the innovative or non-conforming technology;
(ii) the full cost of replacing the
				  innovative or non-conforming technology with standard processes and equipment
				  that conform to this chapter; and
(iii) all associated engineering costs
				  necessary for the removal and replacement of any failing treatment unit or
				  equipment.
(F) The
				  executive director may require an owner to submit a supplement to the report on
				  the performance of an innovative or non-conforming technology after a
				  collection system or wastewater treatment facility is constructed and
				  operating.
(3)
				  Conditional approval.
(A) The executive
				  director may grant conditional approval for a specific set of operating
				  conditions.
(B) If a conditional
				  approval is granted, an owner is responsible for ensuring that the conditions,
				  stipulations, and restrictions outlined in the approval letter are met.
				  Operating outside the conditions, stipulations, or restrictions in a
				  conditional approval is a violation of commission rules.