1. (a) An owner is not required to submit collection system or treatment facility plans and specifications for approval prior to the commission issuing the facility's wastewater permit.
2. (b) A treatment facility's plans and specifications must be based on a design that will produce effluent that will at least meet the requirements and effluent limits in the associated wastewater permit.

3. (c) An owner shall submit to the executive director and the appropriate regional office a summary transmittal letter for each collection system and treatment facility that includes the following requirements, except as provided by §217.8 of this title (relating to Municipality Reviews):

   1. (1) the name and address of the design firm;
   2. (2) the name, phone number, and facsimile number of the design engineer;
   3. (3) the county(s) where the project will be located;
   4. (4) an identifying name for the project;
   5. (5) the name(s) of the person(s) that proposes to operate the collection system or treatment facility;
   6. (6) the collection system or treatment facility owner's name, and if applicable, the treatment facility permit number, and facility name;
   7. (7) a statement certifying that the plans and specifications are in substantial compliance with all requirements of this chapter, with the exception of any listed variance requests;
   8. (8) a statement certifying that any variances from the requirements will not threaten public health or environment, based on the best professional judgment of the engineer who prepared the report and the project plans and specifications;

   9. (9) a brief description of the project scope that includes:

      1. (A) a brief engineering summary of the collection system or treatment facility;
      2. (B) a description of variances from the requirements of this chapter, including the use of nonconforming or innovative technology; and
      3. (C) an explanation of the reasons for such variances in accordance with §217.4 of this title (relating to Variances); and
   10. (10) the signature and seal of the engineer responsible for the design of the collection system or treatment facility.
4. (d) The executive director may review the plans and specifications for any collection system or treatment facility.
5. (e) If the executive director does not notify an owner by fax or letter within 30 days after the receipt of a summary transmittal letter that a review will occur, the project is approved. However, such approval is conditional, subject to an executive director determination under §217.4(c) or (d) of this title. 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) If the executive director notifies an owner by fax or letter of the intent to review a collection system or facility's design, the owner shall submit the following within 30 days after receiving notice:

   1. (1) a complete set of plans and specifications;
   2. (2) a complete report;
   3. (3) any requested variances; and
   4. (4) sufficient information to satisfy the executive director that a project is in substantial compliance with this chapter.
7. (g) If the executive director does not notify an owner of any insufficiency within 30 days after receipt of any additionally requested information, the project is approved.

Source Note:The provisions of this §217.6 adopted to be effective August 28, 2008, 33 TexReg 6843.