(a) This subchapter provides for a beneficial reuse credit that may be used to account for beneficial reuse of treated wastewater for land application calculations. This subchapter establishes requirements for obtaining a beneficial reuse credit and requirements that apply to an entity who holds a permit that includes a beneficial reuse credit.
(b) This subchapter applies to an entity who applies for a Texas Land Application Permit (TLAP) under Chapter 305 of this title (relating to Consolidated Permits) to dispose of domestic wastewater if the application proposes a beneficial reuse credit. This subchapter also applies to an entity who holds a TLAP that includes a beneficial reuse credit.
(c) This subchapter does not apply to:
  (1) domestic wastewater treatment facilities permitted to discharge to water in the state under a Texas Pollutant Discharge Elimination System permit issued under Chapter 305 of this title; and
  (2) industrial facilities.
(d) This subchapter does not allow an entity to discharge wastewater or reclaimed water into water in the state. For the purpose of this subchapter, a discharge from a user's pond or storage unit that is a direct result of a rainfall event is considered an unauthorized discharge. A permit issued that includes a beneficial reuse credit in accordance with this subchapter does not protect an entity from liability for unauthorized discharges.

Source Note: The provisions of this §309.21 adopted to be effective January 9, 2020, 45 TexReg 370