1. (a) The executive director may grant approval authority to a municipality that requests approval authority and meets the requirements in Texas Water Code, §26.034(d).

2. (b) The executive director shall not require plans and specifications for a wastewater collection system that transports primarily domestic waste to be submitted for approval from:

   1. (1) a municipality, if the plans and specifications subject to review are prepared by a private engineering consultant and a review is conducted by an engineer who is an employee of or consultant to the municipality separate from the private engineering consultant charged with the design of the plans and specifications under review; or
   2. (2) an entity that is required by local ordinance to submit the plans and specifications to a municipality for review and approval.
3. (c) If a municipality seeks to perform technical reviews of wastewater collection systems, the municipality shall submit a map or maps to the executive director delineating the municipality's jurisdictional boundaries for the area it is seeking responsibility for review of plans and specifications at least 30 days before commencing to review plans and specifications in accordance with subsection (b) of this section.
4. (d) The municipality shall submit a revised map or maps to the executive director identifying jurisdictional boundary changes at least 30 days prior to any proposed change.
5. (e) If a municipality ends its review authority, the municipality shall provide written notice to the executive director at least 30 days prior to ending municipal reviews.

6. (f) A municipality's review program must incorporate the following requirements:

   1. (1) The municipality's review and approval process shall ensure compliance with all the applicable rules of this chapter.
   2. (2) A municipality may review and approve engineering reports and plans and specifications only for projects that transport primarily domestic waste within the boundaries of jurisdiction of that municipality.
   3. (3) The municipality shall issue a document that approves and details each project approved for construction.
   4. (4) The municipality shall maintain complete files of all review and approval activities.

7. (g) The executive director may perform periodic audits of the review and approval process of a municipality with review authority to ensure that the review process and approved projects comply with this chapter.

   1. (1) The executive director shall provide a municipality with written notice of a pending audit a minimum of five working days prior to beginning review of municipal files related to an audit.
   2. (2) The municipality shall provide to the executive director an opportunity to review any existing project files relating to its review and approval activities under this chapter.
   3. (3) The municipality shall provide to the executive director an opportunity to review documentation of all agreements between a private consultant or consultants and the municipality that relate to its review and approval activities under this chapter.
8. (h) If the executive director finds through review of specific projects or through audit of a municipality's review and approval process that a municipality's review and approval process does not provide for compliance with the minimum design and installation requirements detailed in this chapter, the municipality must achieve compliance within a time frame established by the executive director.
9. (i) If the municipality does not achieve the required compliance within the timeframe established by the executive director, the commission may revoke the review authority of a municipality. If the commission revokes the authority, subsections (j), (k), (l), and (m) apply.
10. (j) The executive director shall notify a municipality in writing of the intention to revoke the municipality's authority and shall include a justification for revoking the authority.
11. (k) If the authority of a municipality is revoked, all new projects proposed to be constructed within that municipality's jurisdiction must be submitted to the executive director in accordance with §217.6 of this title (relating to Submittal Requirements and Review Process).
12. (l) If the authority of a municipality is revoked, the municipality shall return all subsequently submitted plans and specification projects in its jurisdiction and notify any applicants of the requirement to seek approval from the commission.
13. (m) If the commission revokes the authority of a municipality, owners of any completed projects or projects under construction whose plans and specifications were approved prior to revocation are not required to seek approval from the commission.

Source Note:The provisions of this §217.8 adopted to be effective August 28, 2008, 33 TexReg 6843.