Texas Water Code 26.034 – Approval of Disposal System Plans
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(a) The commission may, on a case-by-case basis, review and approve plans and specifications for treatment facilities, sewer systems, and disposal systems that transport, treat, or dispose of primarily domestic wastes.
(b) Before beginning construction, every person who proposes to construct or materially alter the efficiency of any treatment works to which this section applies shall submit completed plans and specifications to the commission.
Terms Used In Texas Water Code 26.034
- Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
- Person: means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. See Texas Water Code 26.001
- Rule: includes regulation. See Texas Government Code 311.005
- Sewer system: means pipelines, conduits, storm sewers, canals, pumping stations, force mains, and all other constructions, devices, and appurtenant appliances used to transport waste. See Texas Water Code 26.001
- Treatment works: means any devices and systems used in the storage, treatment, recycling, and reclamation of waste to implement this chapter or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including:
(A) intercepting sewers, outfall sewers, pumping, power, and other equipment and their appurtenances;
(B) extensions, improvements, remodeling, additions, and alterations of the items in Paragraph (A) of this subdivision;
(C) elements essential to provide a reliable recycled supply such as standby treatment units and clear-well facilities;
(D) any works, including sites and acquisition of the land that will be a part of or used in connection with the treatment process or is used for ultimate disposal of residues resulting from such treatment;
(E) any plant, disposal field, lagoon, canal, incinerator, area devoted to sanitary landfills, or other facilities installed for the purpose of treating, neutralizing, or stabilizing waste; and
(F) facilities to provide for the collection, control, and disposal of waste heat. See Texas Water Code 26.001
(c) The commission by rule shall adopt standards to determine which plans and specifications the commission will review for approval. If the commission excludes certain plans and specifications from review and approval, the commission shall require that a registered professional engineer submit the plans to the commission and make a finding that the plans and specifications are in substantial compliance with commission standards and that any deviation from those standards is based on the best professional judgment of the registered professional engineer.
(d) Except as provided by Subsection (e), the commission may not require plans and specifications for a sewer system that transports primarily domestic waste to be submitted to the commission from:
(1) a municipality if:
(A) the municipality has its own internal engineering review staff;
(B) the plans and specifications subject to review are prepared by private engineering consultants; and
(C) the review is conducted by a registered professional 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) an entity that is required by local ordinance to submit the plans and specifications for review and approval to a municipality.
(e) If the commission finds that a municipality’s review and approval process does not provide for substantial compliance with commission standards, the commission shall require all plans and specifications reviewed by the municipality under Subsection (d) to be submitted to the commission for review and approval.