| (a) Application. Pursuant to Texas Health and Safety
Code, §341.064(b), an owner or operator may apply to use an alternate
method of disinfectant.
(b) Submission. A completed application for use of
an alternate method of disinfectant must be submitted to the department,
Consumer Safety Section, no later than 180 days before the opening
of the lagoon. The application shall include:
(1) the type and level of primary disinfectant;
(2) the type and level, where applicable, of any supplemental
method of water treatment;
(3) the method for and equipment used for storing,
delivering, and measuring primary disinfectant levels and supplemental
water treatment levels;
(4) data supporting the effectiveness of the primary
disinfectant and supplemental method of water treatment in maintaining
required water quality;
(5) descriptions of any specialized equipment, application
methods, or other water treatment methods that may differ from the
requirements in §265.166 of this subchapter (relating to Water
Quality);
(6) a proposed testing schedule for determining levels
of biological and chemical levels as specified by the department to
ensure the health and safety of the public;
(7) a detailed drawing or map of the lagoon that indicates
swimming areas and non-swimming areas; and
(8) any additional information the department requires
to make its decision.
(c) Decision. The department shall approve or reject
a request to use an alternate method of disinfectant no later than
90 days after the completed application is submitted.
(d) Additional information. If the department requires
additional information to make its decision, the application is not
considered completed for purposes of subsections (b) and (c) of this
section until the department receives the additional information as
requested.
(e) An alternate method of disinfectant for a particular
lagoon approved before the effective date of this subchapter by the
department remains in effect for that lagoon.
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