EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 30. ENVIRONMENTAL QUALITY PART I. Texas Natural Resource Conservation Commission CHAPTER 210.Use of Reclaimed Water SUBCHAPTER D.Alternative and Pre-Existing Reclaimed Water Systems sec.sec.210.41 -210.46 The sections are proposed under the Texas Water Code, (Vernon 1995), sec.5.103, which provides the Texas Natural Resource Conservation Commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code and other laws of this state and to establish and approve all general policy of the commission. sec.210.41.Applicability of Alternate Reclaimed Water Proposals. In the event a reclaimed water provider or user proposes to design, construct, or operate a reclaimed water system or to utilize reclaimed water in a manner other than authorized in these rules, the provisions of this subchapter shall apply. sec.210.42.Request to Executive Director. (a) If a reclaimed water provider or user proposes to design, construct, or operate a reclaimed water system or to utilize reclaimed water in a manner other than authorized in these rules, the provider or user shall file a request with the executive director, in addition to the notification filed pursuant to sec.210.4 of this title (relating to Notification), identifying the alternative proposal and requesting approval by the executive director. (b) The request shall be in writing and shall include information necessary or useful in assisting the executive director in acting on the request for approval of the alternate reclaimed water proposal. sec.210.43.Action on Alternative Reclaimed Water Proposals. The executive director shall review an alternate reclaimed water proposal filed under sec.210.42 of this title (relating to Request to Executive Director). Within 60 days, the executive director shall identify in writing to the requestor any additional information necessary for the executive director to act on the request, and provide the requestor sufficient time to provide such information. Following the receipt of such information, the executive director shall act on the request, either granting or denying the proposal, in whole or in part. If no additional information is requested, the executive director shall act on the request within 60 days, either granting or denying the proposal, in whole or in part. sec.210.44.Pre-existing Reclaimed Water Systems. A reclaimed water system not already authorized by a commission permit or other written approval, existing on the effective date of these rules, where construction began prior to June 25, 1990, is authorized under this chapter if the provider or user of such a system provides a detailed description of the system to the executive director pursuant to the notification procedures of sec.210.4 of this title (relating to Notification) and the system is approved by the executive director. Such notification must occur within 90 days of the effective date of these rules. The system is authorized unless the executive director requests additional information pursuant to sec.210.45 of this title (relating to Actions on Pre-existing Reclaimed Water Systems) or denies such authorization pursuant to the provisions of sec.210.46 of this title (relating to Denial of Request). sec.210.45.Action on a Pre-existing Reclaimed Water System. (a) The executive director may request a reclaimed water user to submit additional information concerning a pre-existing reclaimed water system to be authorized under this subchapter. The additional information may be requested in order to evaluate the potential for significant water quality problems or potential for significant risks to the health or safety of the public, including the need of a project to conform to one or more of the requirements of this chapter. Such request shall be provided in writing to the proposed reclaimed water user within 60 days of the receipt of the notification and shall provide the proposed user not less than 30 days to provide such additional information. (b) Following the receipt of such information, the executive director shall act on the request, either granting or denying the proposal, in whole or in part. If no additional information is requested, the executive director shall act on the request within 60 days, either granting or denying the proposal, in whole or in part. sec.210.46.Denial of Request. The executive director shall not grant an alternate reclaimed water proposal or grant authorization to a pre-existing reclaimed water system which could pose a significant threat to water quality or which represents a significant risk to human health or safety. Issued in Austin, Texas, on July 17, 1996. TRD-9610276 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: July 17, 1996 Expiration date: November 14, 1996 For further information, please call: (512) 239-4640