1. (a) In addition to the other requirements in this section, a producer must:

   1. (1) provide an authorized alternative means of disposing of the industrial wastewater when the user cannot use industrial reclaimed water; and
   2. (2) if the producer is within the service area of a POTW, give notice to the POTW of the intent to reuse industrial wastewater under this subchapter.

2. (b) This subsection authorizes the use of industrial reclaimed waters if the requirements of paragraphs (1) and (2) of this subsection are met:

   1. (1) The use is for one of the following activities:

      1. (A) Residential or industrial irrigation, including landscape irrigation.
      2. (B) Urban uses, including but not limited to irrigation of parks, golf courses with restricted or unrestricted public access, school yards, athletic fields, right-of-ways.
      3. (C) Fire protection.
      4. (D) Dust suppression and soil compaction.
      5. (E) Maintenance of impoundments.
      6. (F) Irrigation of non-food crops, including but not limited to sod farms and silviculture.

   2. (2) The use of the industrial reclaimed waters satisfies the following:

      1. (A) The industrial reclaimed waters are used within the boundaries of the producer's facility or within the boundaries of property that is contiguous to the producer's facility and owned by the producer, and are derived from one or more of the following sources: air conditioning condensate, cooling tower blowdown, washwater from washing whole fruits and vegetables, non-contact cooling water, non-process area stormwater, once through cooling water, or steam condensate; or

      2. (B) The industrial reclaimed waters are used within the boundaries of the producer's facility or within the boundaries of property that is contiguous to the producer's facility and owned by the producer, and meet the following criteria:

         1. (i) Chemical Oxygen Demand less than or equal to 150 mg/l;
         2. (ii) Total Organic Carbon less than or equal to 55 mg/l;
         3. (iii) Oil and Grease less than or equal to 10 mg/l;
         4. (iv) Nitrate Nitrogen less than or equal to 10 mg/l;
         5. (v) Priority Pollutant concentrations less than or equal to the MAL (2,3,7,8-TCDD and asbestos are only required to be sampled if believed to be present); and
         6. (vi) pH not less than 6.0 nor greater than 9.0 standard units.
         7. (vii) If the industrial reclaimed water is commingled with any amount of domestic wastewater, then the fecal coliform concentration measured from a grab sample must be less than or equal to 75 CFU/100 ml.

3. (c) The executive director may authorize uses of industrial reclaimed waters for other types of use, locations of use, and of other water quality, in addition to those uses authorized under subsection (b) of this section.

   1. (1) The executive director may approve the use of industrial reclaimed waters at sites other than within the boundaries of the producer's facility and at sites other than within the boundaries of property that is contiguous to the producer's facility.
   2. (2) The executive director will review any proposed use of industrial reclaimed waters for consistency with the wastewater generated. The executive director may impose additional controls on the proposed use.
   3. (3) The executive director may approve of the reuse of industrial reclaimed water if the concentration of a priority pollutant exceeds a MAL. The executive director will consider the concentration of the constituent and its potential for an adverse impact upon human health or waters in the state in making a determination to approve the use and may include additional monitoring and/or reporting requirements.
   4. (4) A user shall submit an application to the executive director on a form provided by the executive director. The user shall not begin use of industrial reclaimed waters before obtaining the executive director's written authorization.

Source Note:The provisions of this §210.54 adopted to be effective May 12, 1997, 22 TexReg 3810.