1. (a) A person who produces, provides, or uses industrial wastewater as industrial reclaimed water must obtain agency authorization if the use constitutes a discharge. A conveyance or use of industrial reclaimed water that does not constitute a discharge does not require authorization.
2. (b) This subchapter authorizes the use of industrial reclaimed water if the requirements of the subchapter are met. If a use of industrial reclaimed water is authorized by this subchapter then an amendment to any related wastewater discharge permit is not required.
3. (c) The requirements of this subchapter do not apply to the use of industrial reclaimed water when the use is authorized by permit or by commission rules other than those in this subchapter. However, when a use of industrial reclaimed water is regulated under Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste) the use shall comply with the requirements of Chapter 335 and this subchapter.
4. (d) The use of industrial wastewater as industrial reclaimed water as authorized by this subchapter shall not be considered a violation of the related permit for the discharge of industrial wastewater. Except as provided by §210.54 of this title (relating to the Authorization of Industrial Reclaimed Water Use), effluent limitations provided in the permit remain in effect for the discharge of the industrial wastewater.
5. (e) Nothing in this subchapter shall alter any requirement to obtain a water right authorization.

Source Note:The provisions of this §210.51 adopted to be effective May 12, 1997, 22 TexReg 3810.