(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.     
     Source Note:        The provisions of this §217.11 adopted to be effective August 28, 2008, 33 TexReg 6843; amended to be effective December 4, 2015, 40 TexReg 8254