| (a) Applicability.
(1) This chapter applies to the design, operation,
and maintenance of:
(A) domestic wastewater treatment facilities that are
constructed with plans and specifications received and approved by
the executive director after the effective date of the amendments
to this chapter;
(B) treatment units that are altered, constructed,
or re-rated with plans and specifications received and approved by
the executive director after the effective date of the amendments
to this chapter;
(C) collection systems that are constructed with plans
and specifications received and approved by the executive director
after the effective date of the amendments to this chapter;
(D) collection system units that are altered, constructed,
or re-rated with plans and specifications received and approved by
the executive director after the effective date of the amendments
to this chapter;
(E) existing domestic wastewater treatment facilities
that do not have a current Texas Pollutant Discharge Elimination System
permit or a Texas Land Application Permit and are required to have
an active wastewater permit;
(F) existing wastewater treatment facilities and collection
systems that never received approval for plans and specifications
from the executive director; and
(G) collection system rehabilitation projects covered
in §217.56(c) and §217.69 of this title (relating to Trenchless
Pipe Installation; and Maintenance, Inspection, and Rehabilitation
of the Collection System).
(2) Domestic wastewater treatment facilities, treatment
units, collection systems, and collection system units with plans
and specifications approved by the executive director that were received
on or after August 28, 2008 and before the effective date of this
chapter must comply with the rules in this chapter, as they existed
immediately before the effective date of the amendments to this chapter.
The rules in effect immediately before the effective date of the amendments
to this chapter are continued in effect for that purpose.
(3) This chapter does not apply to:
(A) the design, installation, operation, or maintenance
of domestic wastewater treatment facilities, treatment units, collection
systems, or collection system units with plans and specifications
that were approved by the executive director on or before August 27,
2008, which are governed by Chapter 317 of this title (relating to
Design Criteria Prior to 2008) or design criteria that preceded Chapter
317 of this title; and
(B) systems regulated by Chapter 285 of this title
(relating to On-Site Sewage Facilities); or collection systems or
wastewater treatment facilities that collect, transport, treat, or
dispose of wastewater that does not have the characteristics of domestic
wastewater, although the wastewater may contain domestic wastewater.
(b) The executive director may grant variances from
new requirements added by the amendments of this chapter to a person
who proposes to construct, alter, or re-rate a collection system or
wastewater treatment facility if the plans and specifications for
the project are submitted within 180 days after the date the amendments
to this chapter are effective, provided the plans and specifications
comply with the rules in effect immediately prior to the amendment.
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