(a) A person proposing to use industrial wastewater as industrial reclaimed water may obtain authorization under this subchapter if all of the requirements of the subchapter are met. The purpose of this subchapter is to establish the applicable requirements for industrial reclaimed water use which may be used instead of potable water or raw water. As defined and specified in this subchapter, the requirements must be met by the producers, providers, and users of industrial reclaimed water. These requirements are intended to allow the safe utilization of reclaimed water for conservation of surface water and groundwater, to ensure the protection of public health, to protect surface water and groundwater from contamination, and to help ensure an adequate supply of water resources for present and future needs.
(b) This subchapter establishes the following requirements for producers, providers, and users of industrial reclaimed water:
  (1) general requirements applicable to producers, providers, and users;
  (2) requirements and specifications for transfer, storage, irrigation, and other end uses;
  (3) requirements and specifications necessary to minimize the impact of discharge of waste into or adjacent to water in the state;
  (4) specific uses of industrial reclaimed water;
  (5) standards for the quality of industrial reclaimed water;
  (6) standards for monitoring and recordkeeping; and
  (7) payment of fees.
(c) The requirements of this subchapter to obtain an authorization do not apply to the end use of industrial reclaimed water when the end use is authorized by permit, including, but not limited to, a Texas Pollutant Discharge Elimination System permit or a Texas Land Application permit, or by commission rules other than those in this subchapter. The end uses of industrial wastewater that are subject to the requirements of this subchapter include landscape irrigation, dust suppression, soil compaction, impoundment maintenance, or industrial wastewater that is otherwise land applied for a beneficial purpose. When a use of industrial reclaimed water is regulated under Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste), that use shall comply with the requirements of Chapter 335 of this title in addition to the requirements of this subchapter.
(d) Internal recycling systems, closed loop systems, and systems that use industrial wastewater as makeup water within a facility are not subject to the requirements of this subchapter.
(e) The use of industrial wastewater as industrial reclaimed water as authorized by this subchapter does not require an amendment of any issued industrial wastewater discharge permit to recognize the activity authorized under this subchapter. Effluent limitations in the industrial wastewater discharge permit remain in effect for and during industrial reclaimed water use activities.
(f) Industrial reclaimed water projects approved under this subchapter do not require a new or amended permit from the commission except as provided by §210.5 of this title (relating to Authorization for the Use of Reclaimed Water). To develop projects not specifically authorized by this subchapter, a person may seek authorization for a new or amended waste discharge permit under Chapter 305 of this title (relating to Consolidated Permits).
(g) Nothing in this subchapter shall alter any requirement to obtain a water right authorization.

Source Note: The provisions of this §210.51 adopted to be effective December 11, 2002, 27 TexReg 11611