| (a) This subchapter applies to any person who proposes to design and construct a facility that will treat or dispose of domestic or municipal wastewater and who uses a subsurface area drip dispersal system. This subchapter is not applicable to treatment facilities constructed for the purposes of complying with a commission-issued industrial wastewater permit, but is applicable to a subsurface area drip dispersal system if it is associated with an industrial wastewater treatment facility. (b) This subchapter establishes the minimum design criteria pertaining to effluent quality necessary to meet state water quality standards. Plans, specifications, and reports for a proposed domestic wastewater project must conform to the requirements of this subchapter. (c) The applicant for a permit for a domestic wastewater treatment facility with a subsurface area drip dispersal system shall submit to the executive director an engineering report, including the plans and specifications, that meets the requirements found in this subchapter. Construction must not begin on a facility with approved plans and specifications until the executive director issues a wastewater permit, unless the commission authorizes the applicant to construct before permit issuance, under Texas Water Code, §26.027(c). (d) The executive director may approve a variance from any of the design criteria in this subchapter. In accordance with §222.113 of this title (relating to Engineering Report), the applicant shall submit with the engineering report the variance request, and the technical justification for the design change and the way in which the change is at least as protective of human health and the environment as the required design criteria. (e) Approval of the submitted engineering report, plans, or specifications by the executive director does not relieve the permittee of any liabilities or responsibilities associated with designing, constructing, and operating the subsurface area drip dispersal system and the associated treatment facility in accordance with applicable commission rules and in a manner that protects human health and the environment. |
