(a) Approval given by the executive director or other review authority authorized under Texas Water Code, §26.034(d) and §217.8 of this title (relating to Municipality Reviews) or §217.9 of this title (relating to Texas Water Development Board Reviews) does not relieve an owner of any liability or responsibility with respect to designing, constructing, or operating a collection system or wastewater treatment facility in accordance with applicable commission rules and the associated wastewater permit.
(b) The executive director, a municipality authorized under §217.8 of this title, or the Texas Water Development Board, as authorized in §217.9 of this title, may grant the following types of approvals: standard approvals; innovative and non-conforming technology approvals; and conditional approvals.
  (1) Standard approval. The executive director may grant a standard approval for plans and specifications that do not include any variance requests, do not include any innovative or non-conforming technologies, and comply with all applicable parts of this chapter.
  (2) Approval of innovative and non-conforming technologies. The executive director may grant approval of innovative and non-conforming technologies in accordance with §217.4 of this title (relating to Variances).
    (A) An owner who requests approval for an innovative or non-conforming technology must submit a summary transmittal letter in accordance with §217.6(d) of this title (relating to Submittal Requirements and Review Process) and must describe the technology and give the reason(s) for selecting the technology.
    (B) An owner must receive written approval from the executive director before constructing, installing, or operating any innovative or non-conforming technology.
    (C) The executive director may require a pilot or demonstration study for an innovative or non-conforming technology. Performance data from a similarly designed full-scale process that has operated for a reasonable period under conditions similar to those of a proposed design, as determined by the executive director, may be submitted in addition to or in lieu of a pilot or demonstration study.
    (D) The executive director may require an owner to submit evidence that the owner, the manufacturer, or the supplier of the equipment for innovative or non-conforming technology has provided a performance bond that:
      (i) is acceptable to the executive director;
      (ii) is from a surety company listed on the United States Treasury Department's current Listing of Certified Companies; and
      (iii) insures the performance of the equipment for innovative or non-conforming technology.
    (E) The performance bond referenced in subparagraph (D) of this paragraph must guarantee the innovative or non-conforming technology for at least two years from the date the treatment unit or equipment is put into service, and must include:
      (i) the full cost of removing equipment and closing the innovative or non-conforming technology;
      (ii) the full cost of replacing the innovative or non-conforming technology with standard processes and equipment that conform to this chapter; and
      (iii) all associated engineering costs necessary for the removal and replacement of any failing treatment unit or equipment.
    (F) The executive director may require an owner to submit a supplement to the report on the performance of an innovative or non-conforming technology after a collection system or wastewater treatment facility is constructed and operating.
  (3) Conditional approval.
    (A) The executive director may grant conditional approval for a specific set of operating conditions.
    (B) If a conditional approval is granted, an owner is responsible for ensuring that the conditions, stipulations, and restrictions outlined in the approval letter are met. Operating outside the conditions, stipulations, or restrictions in a conditional approval is a violation of commission rules.

Source Note: The provisions of this §217.7 adopted to be effective August 28, 2008, 33 TexReg 6843; amended to be effective December 4, 2015, 40 TexReg 8254