Sec. 26.034.  APPROVAL OF DISPOSAL SYSTEM PLANS.  (a)  The commission may, on a case-by-case basis, review and approve plans and specifications for treatment facilities, sewer systems, and disposal systems that transport, treat, or dispose of primarily domestic wastes.
(b)  Before beginning construction, every person who proposes to construct or materially alter the efficiency of any treatment works to which this section applies shall submit completed plans and specifications to the commission.
(c)  The commission by rule shall adopt standards to determine which plans and specifications the commission will review for approval.  If the commission excludes certain plans and specifications from review and approval, the commission shall require that a registered professional engineer submit the plans to the commission and make a finding that the plans and specifications are in substantial compliance with commission standards and that any deviation from those standards is based on the best professional judgment of the registered professional engineer.
(d)  Except as provided by Subsection (e), the commission may not require plans and specifications for a sewer system that transports primarily domestic waste to be submitted to the commission from:
(1)  a municipality if:
(A)  the municipality has its own internal engineering review staff;
(B)  the plans and specifications subject to review are prepared by private engineering consultants;  and
(C)  the review is conducted by a registered professional engineer who is an employee of or consultant to the municipality separate from the private engineering consultant charged with the design of the plans and specifications under review;  or
(2)  an entity that is required by local ordinance to submit the plans and specifications for review and approval to a municipality.
(e)  If the commission finds that a municipality's review and approval process does not provide for substantial compliance with commission standards, the commission shall require all plans and specifications reviewed by the municipality under Subsection (d) to be submitted to the commission for review and approval.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.081, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 397, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 924, Sec. 1, eff. Aug. 28, 1995.