| (a) An owner may not begin construction of a wastewater
treatment facility with approved plans and specifications until the
commission issues a wastewater permit for the wastewater treatment
facility, unless the commission issues the owner an authorization
to construct under Texas Water Code, §26.027(c).
(b) An owner must phase the construction of a wastewater
treatment facility as required by the associated wastewater permit,
unless a variance is granted under §217.4 of this title (relating
to Variances).
(c) An owner must obtain a plans and specifications
approval of a particular permitted phase before beginning to construct
or operate under that permitted phase.
(d) A person is prohibited from allowing a discharge
of untreated or partially treated wastewater during construction without
a commission order for such discharge, such as an Emergency Order
or a Temporary Order according to the requirements of Chapter 35 of
this title (relating to Emergency and Temporary Orders and Permits;
Temporary Suspension or Amendment of Permit Conditions).
(e) An owner that alters or constructs a treatment
unit or collection system unit must comply with the requirements of
this chapter that are in effect on the date the plans and specifications
are submitted for approval unless granted a variance in accordance
with §217.4 of this title.
(f) An owner that rehabilitates a collection system
under §217.56(c) or §217.69 of this title (relating to Trenchless
Pipe Installation; and Maintenance, Inspection, and Rehabilitation
of the Collection System) must comply with the requirements of this
chapter that are in effect on the date the plans and specifications
are submitted for approval. The executive director may grant variances
from specific requirements in this chapter according to §217.4
of this title for a rehabilitation project.
(g) The owner of an existing wastewater treatment facility
that must apply for a new permit must comply with the requirements
of this chapter that are in effect at the time the new permit application
is received by the executive director.
(h) A wastewater treatment facility owner that never
received a plans and specifications approval for an existing wastewater
treatment facility or treatment unit must comply with the requirements
of this chapter that are in effect at the time the lack of plans and
specifications approval is discovered.
(i) A collection system owner that never received a
plans and specifications approval for an existing collection system
or collection system unit must meet the design criteria in effect
at the time the lack of the plans and specifications approval is discovered.
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