1. (a) The executive director shall not authorize a reclaimed water production facility unless the following conditions are met:

   1. (1) the applicant has obtained plans and specifications approval for the reclaimed water production facility according to the design criteria according to §321.315 of this title (relating to Design Requirements); and
   2. (2) the applicant has an authorization according to Chapter 210 of this title (relating to Use of Reclaimed Water).
2. (b) The executive director shall not authorize a reclaimed water production facility owned or operated by an applicant that has a compliance history rating of unsatisfactory, as defined by Chapter 60 of this title (relating to Compliance History).
3. (c) The executive director shall not authorize a reclaimed water production facility that discharges to a domestic or associated domestic wastewater treatment facility that has a compliance history site rating of unsatisfactory, as defined by Chapter 60 of this title.
4. (d) The applicant, public interest counsel or other persons may file with the Office of the Chief Clerk a motion to overturn the executive director's final action on an authorization for a reclaimed water production facility under §50.139(a), (b), and (d) - (g) of this title (relating to Motion to Overturn Executive Director's Decision).

Source Note:The provisions of this §321.313 adopted to be effective November 27, 2008, 33 TexReg 9507; amended to be effective March 5, 2025, 50 TexReg 1689.