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RULE §210.4Notification

(a) Before providing reclaimed water to another for a use allowable under this chapter, the reclaimed water provider shall notify the executive director and obtain written approval to provide the reclaimed water. The notification shall include:

  (1) a description of the intended use of the reclaimed water, including quantity, quality, origin, and location and purpose of intended use;

  (2) a clear indication of the means for compliance with this chapter, including documentation that a user will be apprised of their responsibilities under this chapter as a part of the water supply contract or other binding agreement;

  (3) evidence in a water supply contract or other binding agreement of the provider's authority to terminate reclaimed water use that is noncompliant with this chapter; and

  (4) an operation and maintenance plan that is required under ordinance or is to be a part of the water supply contract or other binding agreement, where applicable, and which shall contain, as a minimum, the following:

    (A) a labeling and separation plan for the prevention of cross connections between reclaimed water distribution lines and potable water lines;

    (B) the measures that will prevent unauthorized access to reclaimed water facilities (e.g., secured valves);

    (C) procedures for monitoring reclaimed water transfers and use;

    (D) steps the user must utilize to minimize the risk of inadvertent human exposure;

    (E) schedules for routine maintenance;

    (F) a plan for carrying out provider employee training and safety relating to reclaimed water treatment, distribution, and management; and

    (G) contingency plan for remedy of system failures, unauthorized discharges, or upsets.

(b) If the provider is not the producer, a description of the origin of the reclaimed water, its quality based upon the parameters contained in the underlying waste discharge permit(s), and a signed agreement from the producer authorizing the transfer of the reclaimed water to the provider. If applicable, a reclaimed water provider or user may need to obtain a separate water right authorization from the commission.

(c) A producer who chooses to use reclaimed water for a beneficial use only within the boundaries of a wastewater treatment facility permitted by the commission, may do so without notification otherwise required by this section. In such instances, the producer is still required to comply with all applicable requirements of this chapter pertaining to the reclaimed water use.

(d) If effluent is to be used for irrigation within the Edwards Aquifer recharge zone, plans and specifications for the disposal system must be submitted to the executive director for review and approval prior to construction of the facility in accordance with Chapter 313 of this title (relating to Edwards Aquifer).

(e) Major changes from a prior notification for use of reclaimed water must be approved by the executive director. A major change includes:

  (1) a change in the boundary of the approved service area not including the conversion of individual lots within a subdivision to reclaimed water use;

  (2) the addition of a new producer;

  (3) major changes in the intended use, such as conversion from irrigation of a golf course to residential irrigation; or

  (4) changes from either Type I or Type II uses to the other.

Source Note: The provisions of this §210.4 adopted to be effective February 12, 1997, 22 TexReg 1103.

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