1. (a) Approval given by the executive director or other authorized review authority does not relieve an owner of any liability or responsibility with respect to designing, constructing, or operating a collection system or treatment facility in accordance with applicable commission rules and the associated wastewater permit.

2. (b) The executive director or other authorized review authority may grant the following types of approvals:

   1. (1) Standard approval. The executive director may grant a standard approval for plans and specifications that do not include any requested variances and comply with all applicable parts of this chapter.

   2. (2) Approval of innovative and nonconforming technologies in accordance with §217.4 of this title (relating to Variances).

      1. (A) An owner who requests approval for an innovative or nonconforming technology must submit a summary transmittal letter in accordance with §217.6(c) of this title (relating to Submittal Requirements and Review Process) and must describe the technology and give the reason(s) for selecting the engineering proposal for a process, equipment, and construction material.
      2. (B) An owner must receive written approval from the executive director before constructing, installing, or operating any innovative or nonconforming technology.
      3. (C) The executive director may require a request to use a nonconforming or innovative technology to be supported by a pilot or demonstration study. Performance data from a similarly designed full-scale process that has operated for a reasonable period under conditions similar to those of a proposed design may be submitted in addition to or in lieu of pilot or demonstration study.

      4. (D) The executive director may require an owner to submit evidence that the owner, the manufacturer, or the supplier of the nonconforming equipment has provided a performance bond that:

         1. (i) is acceptable to the executive director;
         2. (ii) is from a surety company listed on the United States Treasury Department's current Listing of Certified Companies; and
         3. (iii) insures the performance of the innovative or nonconforming equipment or process.

      5. (E) The performance bond required in §217.7(b)(2)(D) of this section must cover:

         1. (i) the full cost of removing equipment and closing the collection system or the treatment facility;
         2. (ii) the replacement of all failing processes and equipment with corresponding processes and equipment that conforms to these rules;
         3. (iii) all associated engineering costs necessary for the removal and replacement of any failing process or equipment; and
         4. (iv) at least two years from the date the facility or equipment is put into service.
      6. (F) The executive director may require an owner to submit a separate report on the performance of a nonconforming or innovative technology after a collection system or treatment facility is built and operating.

   3. (3) Conditional approval.

      1. (A) The executive director may grant conditional approval for a specific set of operating conditions.
      2. (B) If a conditional approval is granted, an owner is responsible for ensuring that the conditions, stipulations, and restrictions outlined by the executive director are met. Operating outside the conditions, stipulations, or restrictions in a conditional approval is a violation of this section.

Source Note:The provisions of this §217.7 adopted to be effective August 28, 2008, 33 TexReg 6843.