(a) An owner is not required to submit collection system or wastewater treatment facility plans and specifications to the executive director for approval prior to the commission issuing the wastewater treatment facility's wastewater permit.
(b) An owner is not required to submit collection system or wastewater treatment facility plans and specifications for approval if the project only consists of maintenance, as defined in this chapter.
(c) A wastewater treatment facility's plans and specifications must be based on a design that will at least meet the requirements and effluent limits in the associated wastewater permit.
(d) An owner shall submit a summary transmittal letter to the executive director and a copy to the appropriate regional office for each collection system project and wastewater treatment facility project, except as provided by §217.8 of this title (relating to Municipality Reviews). A summary transmittal letter must include:
  (1) the name and address of the design firm;
  (2) the name, phone number, facsimile number, and email address of the engineer;
  (3) the county or counties where the project will be located;
  (4) an identifying name for the project;
  (5) the collection system or wastewater treatment facility owner's name, and if applicable, the wastewater treatment facility permit number and wastewater treatment facility name;
  (6) a statement certifying that the plans and specifications are in substantial compliance with all requirements of this chapter, with the exception of any variance requests, which must be listed in the letter;
  (7) a statement certifying that any variances will not threaten public health or the environment, based on the best professional judgment of the engineer who prepared the engineering report and the project plans and specifications;
  (8) a brief description of the project scope including:
    (A) a brief engineering summary of the collection system or wastewater treatment facility;
    (B) a list of every treatment unit or collection system unit that will be altered, constructed, rehabilitated, or re-rated within the project scope;
    (C) a map of the collection system or wastewater treatment facility that identifies the location of every treatment unit or collection system unit that will be altered, constructed, rehabilitated, or re-rated within the project scope;
    (D) a description of all variances from the requirements of this chapter, including the use of non-conforming or innovative technology; and
    (E) an explanation of the reasons for all variances in accordance with §217.4 of this title (relating to Variances).
  (9) the signature and seal of the engineer responsible for the design of the collection system or wastewater treatment facility.
(e) The executive director may review the plans and specifications for any collection system or wastewater treatment facility.
(f) If the executive director does not notify an owner in writing within 30 business days of the receipt of a summary transmittal letter that a review will occur, the project is approved. However, such approval is conditional, and remains subject to an executive director determination under §217.4(c) or (d) of this title. Additionally, if this provision conflicts with a requirement in this chapter that requires executive director approval in writing, then this provision does not apply.
(g) If the executive director notifies an owner in writing of the intent to review a collection system or wastewater treatment facility's design, the owner shall submit the following within 30 days from the date of the notice:
  (1) a complete set of plans and specifications;
  (2) a complete engineering report as defined in §217.10 of this title (relating to Final Engineering Report);
  (3) all requested variances; and
  (4) sufficient information to satisfy the executive director that a project is in compliance with this chapter.
(h) If the executive director does not notify an owner of any deficiencies within 30 business days of receipt of any additional information requested, the project is approved as long as the project does not violate any expressed prohibition in this chapter. However, such approval is conditional, subject to an executive director determination under §217.4(c) or (d) of this title. Additionally, if this provision conflicts with a requirement in this chapter for written approval from the executive director, then this provision does not apply.

Source Note: The provisions of this §217.6 adopted to be effective August 28, 2008, 33 TexReg 6843; amended to be effective December 4, 2015, 40 TexReg 8254