| (a) INTRODUCTION.
(1) The Texas Water Development Board (TWDB) provides
financial assistance for the construction, acquisition, or improvement
of water supply projects, and therefore performs engineering reviews
and analyses of water supply projects constructed with state or federal
funds administered by the TWDB. The Texas Commission on Environmental
Quality (Commission) through its regulatory authority conducts a similar
review and analyses of the water supply projects financed by the TWDB.
(2) Since September 21, 1992, the TWDB and the Commission
have coordinated the reviews related to the design criteria for public
water systems and wastewater facility construction in a Letter of
Agreement (LOA or Agreement). The LOA was last revised June 20, 2001
to reflect changes in statute related to the review of wastewater
facilities. This Agreement is implemented to replace all prior and
existing LOAs in effect with the Commission and its predecessor agencies,
and to accurately reflect the current interaction between the TWDB
and the Commission during the coordinated review of water supply projects
seeking financing from the TWDB.
(b) SCOPE OF AGREEMENT.
(1) The TWDB will review submitted "Plans and Specifications,"
as defined herein, for water supply projects seeking financing from
the TWDB in a manner that will satisfy the Commission’s requirements
related to the design of public water systems.
(2) The Commission agrees to accept TWDB review of
Plans and Specifications in lieu of its review for certain water facilities
as described under the "Coordinations" section herein.
(c) DEFINITIONS. "Plans and Specifications" means construction
drawings and construction specifications, and engineering design calculations
required by Commission rules on design criteria for public water systems.
The term also includes construction contract change orders.
(d) LIMITS AND EXCLUSIONS.
(1) This Letter of Agreement is applicable only to
projects that receive financing from the TWDB and require coordination
with the Commission.
(2) Only the Commission may grant conditional approvals
and variances to its requirements relating to the review and processing
of Plans and Specifications for public water facilities.
(3) The TWDB's review and administration of a water
supply project will not serve as an approval of an application for
any permit, which is regulated by the Commission.
(e) COORDINATIONS.
(1) The TWDB will coordinate the review of Plans and
Specifications with the Commission on water supply projects financed
by the TWDB that involve the construction of, or improvements to,
surface water treatment plants, public water supply wells, new interconnections,
disinfection, and treatment projects. For these water supply projects,
the TWDB and Commission agree to rely on the TCEQ Letter of Approval
of Plans and Specifications for design criteria.
(2) Plans and Specifications for other water supply
projects financed by the TWDB will be reviewed only by the TWDB. The
TWDB will review Plans and Specifications of water supply projects
for public water systems financed by the TWDB to ensure satisfaction
of the Commission's requirements related to public water systems and
provide TCEQ a courtesy copy of the TWDB approval for compliance purposes.
(3) For all water supply projects reviewed for financing
by the TWDB requiring coordination with the Commission, the TWDB will
prepare a single document signifying the TWDB's approval of the underlying
Plans and Specifications. The TWDB will send one (1) copy of its approval
document to the applicant and one (1) copy of its approval document
to the Commission.
(4) Following approval of all water supply project
Plans and Specifications, the TWDB will proceed, in accordance with
applicable rules and requirements, with construction monitoring.
(f) EXECUTION, ADOPTION, AND MODIFICATION. This Agreement
is effective when signed by the designated representatives of both
the TWDB and Commission. This Agreement is subject to approval of
the Board of the TWDB. This Agreement may be modified by mutual and
written consent of the parties.
(g) DURATION. The Agreement shall continue in full
force and effect until cancelled or superseded by either party. The
party requesting cancellation shall give 90-days written notice of
intent to cancel and shall advise the other party in writing of the
reasons for cancellation.
(h) SEVERANCE PROVISION. Should any one or more provisions
of this Agreement be held to be null, void, or for any reason without
force or effect, such provision(s) shall be construed as severable
from the remainder of this Agreement and shall not affect the validity
of all other provisions of this Agreement, which shall remain in full
force and effect.
(i) IN WITNESS THEREOF the parties hereto cause this
Letter of Agreement to be duly executed.
(j) Signed on July 1, 2015.
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