(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.
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