Section 217.8 - Municipality Reviews(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).(b) The executive director may not require plans and specifications for a collection system that transports domestic wastewater to be submitted for approval from: (1) a municipality that has been granted approval authority by the executive director under authority of Texas Water Code, § 26.034(d), if the plans and specifications 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 not affiliated with the private engineering consultant that prepared the plans and specifications under review; or(2) an entity that is required by local ordinance to submit the plans and specifications to a municipality that has been granted approval authority by the executive director for review and approval under authority of Texas Water Code, § 26.034(d).(c) If a municipality seeks to perform technical reviews of collection systems, the municipality must submit a map or maps to the executive director delineating the municipality's jurisdictional boundaries for the area where it is seeking approval authority at least 30 days before commencing review of plans and specifications.(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.(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.(f) A municipality's review and approval program must incorporate the following requirements: (1) the municipality's review and approval process shall ensure compliance with all the applicable rules of this chapter;(2) the municipality may only review and approve engineering reports and plans and specifications for projects that transport domestic wastewater within the jurisdictional boundaries of that municipality; (3) the municipality shall issue a written approval document that includes the details of each project approved for construction and all variances approved; and(4) the municipality shall maintain complete files of all review and approval activities.(g) The executive director may perform periodic audits of a municipality's review and approval program to ensure that the review process and approved projects comply with this chapter. (1) The executive director shall provide written notice of a pending audit to a municipality a minimum of five business days prior to beginning an audit.(2) The municipality shall make all files relating to its review and approval activities under this chapter available to the executive director, and shall maintain files for the life of each project.(3) The municipality shall make documentation of all agreements between private consultants and the municipality that relate to its review and approval activities under this chapter available to the executive director.(h) If the executive director finds, through review of specific projects or through audit of a municipality's review and approval program, that a municipality's review and approval program 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.(i) If the municipality does not achieve the required compliance within the time frame established by the executive director, the commission may revoke the review authority of a municipality. If the commission revokes the municipality's approval authority, subsections (j), (k), (l), and (m) of this section apply.(j) The executive director shall notify a municipality in writing of the intention to revoke the municipality's approval authority and shall include a justification for revoking the authority.(k) If the executive director revokes the approval authority of a municipality, 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).(l) If the executive director revokes the approval authority of a municipality, the municipality shall return all subsequently submitted plans and specifications in its jurisdiction and notify any applicants of the requirement to seek approval from the executive director.(m) If the executive director revokes the approval authority of a municipality, owners of a project whose plans and specifications were already approved by the municipality are not required to seek approval from the executive director.30 Tex. Admin. Code § 217.8
The provisions of this §217.8 adopted to be effective August 28, 2008, 33 TexReg 6843; Amended by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8300, eff. 12/4/2015