Section 217.1 - Applicability(a) Applicability. (1) This chapter applies to the design, operation, and maintenance of: (A) domestic wastewater treatment facilities that are constructed with plans and specifications received and approved by the executive director after the effective date of the amendments to this chapter;(B) treatment units that are altered, constructed, or re-rated with plans and specifications received and approved by the executive director after the effective date of the amendments to this chapter;(C) collection systems that are constructed with plans and specifications received and approved by the executive director after the effective date of the amendments to this chapter;(D) collection system units that are altered, constructed, or re-rated with plans and specifications received and approved by the executive director after the effective date of the amendments to this chapter;(E) existing domestic wastewater treatment facilities that do not have a current Texas Pollutant Discharge Elimination System permit or a Texas Land Application Permit and are required to have an active wastewater permit;(F) existing wastewater treatment facilities and collection systems that never received approval for plans and specifications from the executive director; and(G) collection system rehabilitation projects covered in § 217.56(c) and § 217.69 of this title (relating to Trenchless Pipe Installation; and Maintenance, Inspection, and Rehabilitation of the Collection System).(2) Domestic wastewater treatment facilities, treatment units, collection systems, and collection system units with plans and specifications approved by the executive director that were received on or after August 28, 2008 and before the effective date of this chapter must comply with the rules in this chapter, as they existed immediately before the effective date of the amendments to this chapter. The rules in effect immediately before the effective date of the amendments to this chapter are continued in effect for that purpose.(3) This chapter does not apply to: (A) the design, installation, operation, or maintenance of domestic wastewater treatment facilities, treatment units, collection systems, or collection system units with plans and specifications that were approved by the executive director on or before August 27, 2008, which are governed by Chapter 317 of this title (relating to Design Criteria Prior to 2008) or design criteria that preceded Chapter 317 of this title; and(B) systems regulated by Chapter 285 of this title (relating to On-Site Sewage Facilities); or collection systems or wastewater treatment facilities that collect, transport, treat, or dispose of wastewater that does not have the characteristics of domestic wastewater, although the wastewater may contain domestic wastewater.(b) The executive director may grant variances from new requirements added by the amendments of this chapter to a person who proposes to construct, alter, or re-rate a collection system or wastewater treatment facility if the plans and specifications for the project are submitted within 180 days after the date the amendments to this chapter are effective, provided the plans and specifications comply with the rules in effect immediately prior to the amendment.30 Tex. Admin. Code § 217.1
The provisions of this §217.1 adopted to be effective August 28, 2008, 33 TexReg 6843; Adopted by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8300, eff. 12/4/2015