(a) Application. Pursuant to Texas Health and Safety Code, §341.064(b), an owner or operator may apply to use an alternate method of disinfectant.
(b) Submission. A completed application for use of an alternate method of disinfectant must be submitted to the department, Consumer Safety Section, no later than 180 days before the opening of the lagoon. The application shall include:
  (1) the type and level of primary disinfectant;
  (2) the type and level, where applicable, of any supplemental method of water treatment;
  (3) the method for and equipment used for storing, delivering, and measuring primary disinfectant levels and supplemental water treatment levels;
  (4) data supporting the effectiveness of the primary disinfectant and supplemental method of water treatment in maintaining required water quality;
  (5) descriptions of any specialized equipment, application methods, or other water treatment methods that may differ from the requirements in §265.166 of this subchapter (relating to Water Quality);
  (6) a proposed testing schedule for determining levels of biological and chemical levels as specified by the department to ensure the health and safety of the public;
  (7) a detailed drawing or map of the lagoon that indicates swimming areas and non-swimming areas; and
  (8) any additional information the department requires to make its decision.
(c) Decision. The department shall approve or reject a request to use an alternate method of disinfectant no later than 90 days after the completed application is submitted.
(d) Additional information. If the department requires additional information to make its decision, the application is not considered completed for purposes of subsections (b) and (c) of this section until the department receives the additional information as requested.
(e) An alternate method of disinfectant for a particular lagoon approved before the effective date of this subchapter by the department remains in effect for that lagoon.

Source Note: The provisions of this §265.167 adopted to be effective March 1, 2020, 45 TexReg 1024