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RULE §210.56Authorization Requirements

(a) Requirements in other subchapters.

  (1) Paragraphs (2) - (6) of this subsection do not apply to commingled water. The commingled wastewater is subject to all requirements of §§210.1 - 210.9 of this title (relating to Applicability; Purpose and Scope; Definitions; Notification; Authorization for the Use of Reclaimed Water; Responsibilities; Transfer and Conveyance of Reclaimed Water; Restrictions; and Enforcement), §§210.21 - 210.25 of this title (relating to Applicability; General Requirements; Storage Requirements for Reclaimed Water; Irrigation Using Reclaimed Water; and Special Design Criteria for Reclaimed Water Systems), and §§210.31 - 210.36 of this title (relating to Applicability; Specific Uses of Reclaimed Water; Quality Standards for Using Reclaimed Water; Sampling and Analysis; Guidelines for Certain Distribution Systems; and Record Keeping and Reporting).

  (2) Except as specified in this subchapter, the requirements for a reclaimed water producer, provider, and user described in Subchapters A - D of this chapter (relating to General Provisions; General Requirements for the Production, Conveyance, and Use of Reclaimed Water; Quality Criteria and Specific Uses For Reclaimed Water; and Alternative and Pre-Existing Reclaimed Water Systems) apply to a producer, provider, and user of industrial reclaimed water.

  (3) A producer, provider, or user of industrial reclaimed water is not required to treat industrial water or hold a permit for treatment and disposal as described in §210.1 and §210.5(a) of this title.

  (4) A producer who uses industrial reclaimed water on-site only is not required to comply with §210.4 of this title. The producer must comply with all applicable requirements of this subchapter pertaining to the industrial reclaimed water use.

  (5) The requirements of §210.25(e), (f), and (h) of this title do not apply to the producer, provider, or user of industrial reclaimed water used on-site only.

  (6) The requirements of §§210.22(a) and (e) and 210.31 - 210.36 of this title, do not apply to the producer, provider, or user of industrial reclaimed water.

(b) General requirements. Producers required to obtain Level I authorization to use industrial reclaimed water under this subchapter must comply with the following:

  (1) have an authorized means of disposal as an alternative to reuse, which includes one or more of the following:

    (A) have authority to discharge under a permit;

    (B) have authority to route to a publicly-owned treatment works (POTW); or

    (C) have the ability to recycle the industrial reclaimed water in a manner that does not discharge into or adjacent to water in the state;

  (2) have an end use which includes one or more of the following and is on-site:

    (A) irrigation, including landscape irrigation;

    (B) fire protection;

    (C) dust suppression and soil compaction;

    (D) maintenance of impoundments;

    (E) irrigation of non-food crops, including, but not limited to, sod farms and silviculture; and

    (F) irrigation of pastures for milking animals.

  (3) If the producer's facility is within the service area of a POTW, the producer must provide notice to the POTW of the producer's intent to use industrial wastewater under this subchapter.

  (4) The distribution, use, and storage of industrial reclaimed water may not cause or result in nuisance conditions.

  (5) The producer, provider, and user also shall comply with all applicable rules under Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste).

(c) Eligible Level I authorizations not able to meet §210.56(b). If the producer is eligible for Level I authorization but cannot meet the requirements of subsection (b) of this section, the producer shall submit an application for a Level II authorization to use reclaimed water.

(d) Industrial reclaimed limitations for Level II authorizations.

  (1) The producer shall comply with the limitations and monitoring frequencies outlined in subparagraphs (A) - (C) of this paragraph for an authorization request which has been approved by the executive director:

    (A) total organic carbon is limited to 55 milligrams per liter and shall be monitored once per month by grab sample;

    (B) pH is limited to a minimum of 6.0 standards units (su) and a maximum of 9.0 su and shall be monitored once per week by grab sample; and

    (C) the executive director may include additional limitations or increased monitoring frequencies based on information provided by the applicant, or any other available information.

  (2) Sampling shall be conducted only if industrial reclaimed water use occurs during the monitoring period. If industrial reclaimed water use occurs less than the specified frequency, samples shall be obtained during use.

(e) General or individual permits. Level II authorization does not change any general or individual permit limits or requirements for an industrial wastewater discharge activity.

(f) Irrigation requirements.

  (1) The provider or user shall comply with all requirements regarding irrigation in §210.24 of this title, as well as the requirements of this subchapter.

  (2) Irrigation practices shall be designed and managed to prevent contamination of groundwater or surface water and to prevent the occurrence of nuisance conditions. Tail water control facilities shall be provided, where necessary, to prevent the discharge of any industrial reclaimed water from irrigated lands into or adjacent to water in the state.

  (3) No industrial reclaimed water may be land applied when the ground is frozen or saturated or during rainfall events.

  (4) When applying industrial reclaimed water to land, a buffer area must be maintained around water wells to prevent the possibility of waste transport to groundwater via the well or well casing. Industrial reclaimed water shall not be applied within 250 feet of a private water well (used for domestic or irrigation use) or 500 feet of a public water supply well.

  (5) The user shall provide adequate maintenance of the irrigation facilities to ensure that the facilities are in good working condition.

(g) Storage requirements.

  (1) All industrial reclaimed water retention, holding, and transfer ponds shall be operated in such a manner as to maintain a minimum freeboard of two feet.

  (2) Ponds shall not be used for disposal.

(h) Liner requirements. Under Level I and Level II authorizations, industrial reclaimed water is considered equivalent to Type I reclaimed water. The producer, provider, or user shall comply with liner requirements outlined in §210.23 of this title.

(i) Off-site use.

  (1) Any proposed use of industrial reclaimed water which is not considered on-site must comply with the requirements in the following sections in addition to the applicable requirements of this subchapter:

    (A) §210.4 of this title;

    (B) §210.6 of this title;

    (C) §210.7 of this title; and

    (D) §210.25 of this title.

  (2) If the producer provides domestic water or wastewater services to the public such as at a university, hospital, hotel, or similar institution then all exposed or buried piping receiving industrial reclaimed water constructed within the boundaries of the industrial facility is exempt from the color coding requirements of §210.25 of this title.

(j) Authorization to use industrial reclaimed water. Authorization to use industrial reclaimed water is separate from the general and individual permit requirements for wastewater discharges under Chapter 205 and Chapter 305 of this title (relating to General Permits for Waste Discharges; and Consolidated Permits).

Source Note: The provisions of this §210.56 adopted to be effective December 11, 2002, 27 TexReg 11611

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