(a) Any currently permitted treatment facility in the Lake Lyndon B. Johnson or Lake Marble Falls Water Quality Areas may continue operation in accordance with the terms and conditions of the existing permit for the facility and can apply for renewal of the permit unless the facility becomes substantially noncompliant or an expansion of the treatment facility is included in the application for renewal.
(b) Any modification of a facility described in subsection (a) of this section that requires a permit amendment and which results in additional treatment capacity will also require treatment as described in §311.53 of this title (relating to Wastewater Disposal) for the total wastewater flow from the permitted facility.
(c) Any permitted facility not meeting its permit limitations because of overloading of sewage will be subject to amendment as described in §305.62 of this title (relating to Amendment) in order to impose permit limitations consistent with §311.53 of this title (relating to Wastewater Disposal).
(d) The commission may consider any application for a new facility or for expansion of an existing facility that has been received by the commission and declared administratively complete as of November 1, 1986, after notice and an opportunity for hearing has been extended to all affected parties as required under §§305.91-305.105 of this title (relating to Actions, Notice, and Hearing). However, the commission's decision on any application considered under this subsection shall not be constrained, in any manner, by the provisions of this subsection.

Source Note: The provision of this §311.54 adopted to be effective June 4, 1987, 12 TexReg 1662.