1. (a) A substantial design change is a change to the approved plans and specifications or an approved variance of a process, equipment, or design that has the potential to alter the way a wastewater treatment facility or collection system functions.
2. (b) A substantial design change request must include the signed and dated seal of an engineer.
3. (c) If the executive director determines that a substantial design change may potentially endanger public health or environment, the executive director may deny the design change or require compensatory measures to be taken.
4. (d) The executive director shall not grant or approve a substantial design change that would violate any expressed prohibition in this chapter.
5. (e) If the executive director does not notify an owner by fax or letter that additional information is requested or that a substantial design change is denied within 30 days after receiving a signed and dated substantial design change request that has been sealed by an engineer, the substantial design change is approved. However, such approval is conditional subject to an executive director determination under subsection (c) or (d) of this section. Additionally, if this provision conflicts with any other rule in this chapter that requires affirmative executive director approval, then this provision does not apply.
6. (f) A substantial design change must be approved by the executive director before it can be built, installed, or put into service.

Source Note:The provisions of this §217.12 adopted to be effective August 28, 2008, 33 TexReg 6843.