1. (a) An applicant for authorization to produce reclaimed water at a reclaimed water production facility must have:

   1. (1) a domestic wastewater permit for a domestic wastewater treatment facility that is located at the terminus of the collection system to which the reclaimed water production facility is or will be connected; or
   2. (2) documented consent from the owner and operator of the wastewater collection system and associated domestic wastewater treatment facility to which the reclaimed water production facility is or will be connected; and
   3. (3) an authorization to use reclaimed water under Chapter 210 of this title (relating to the Use of Reclaimed Water).
2. (b) Applications for reclaimed water production facilities and for authorization to beneficially reuse reclaimed water under Chapter 210 of this title may be submitted concurrently.
3. (c) The authorization for a reclaimed water production facility does not alter the permitted flow or effluent limits of the associated domestic wastewater treatment facility.
4. (d) If the consent under Section 321.305(a)(2) is withdrawn by the collection system or associated domestic wastewater treatment facility owner(s), the authorization to operate the reclaimed water production facility without an alternate disposal permit is terminated. The owner or operator of the reclaimed water production facility must provide the executive director with written notice of the withdrawn consent, and confirmation that the reclaimed water production facility has ceased operation within five (5) business days after the owner or operator is notified that the consent has been withdrawn.

Source Note:The provisions of this §321.305 adopted to be effective November 27, 2008, 33 TexReg 9507; amended to be effective March 5, 2025, 50 TexReg 1689.