Current through Reg. 49, No. 38; September 20, 2024
(a)
INTRODUCTION
(1) The Texas Water Development
Board (TWDB) provides financial assistance for the construction, acquisition,
or improvement of water supply projects, and therefore performs engineering
reviews and analyses of water supply projects constructed with state or federal
funds administered by the TWDB. The Texas Commission on Environmental Quality
(Commission) through its regulatory authority conducts a similar review and
analyses of the water supply projects financed by the TWDB.
(2) Since September 21, 1992, the TWDB and
the Commission have coordinated the reviews related to the design criteria for
public water systems and wastewater facility construction in a Letter of
Agreement (LOA or Agreement). The LOA was last revised June 20, 2001 to reflect
changes in statute related to the review of wastewater facilities. This
Agreement is implemented to replace all prior and existing LOAs in effect with
the Commission and its predecessor agencies, and to accurately reflect the
current interaction between the TWDB and the Commission during the coordinated
review of water supply projects seeking financing from the TWDB.
(b) SCOPE OF AGREEMENT
(1) The TWDB will review submitted "Plans and
Specifications," as defined herein, for water supply projects seeking financing
from the TWDB in a manner that will satisfy the Commission's requirements
related to the design of public water systems.
(2) The Commission agrees to accept TWDB
review of Plans and Specifications in lieu of its review for certain water
facilities as described under the "Coordinations" section herein.
(c) DEFINITIONS. "Plans and
Specifications" means construction drawings and construction specifications,
and engineering design calculations required by Commission rules on design
criteria for public water systems. The term also includes construction contract
change orders.
(d) LIMITS AND
EXCLUSIONS.
(1) This Letter of Agreement is
applicable only to projects that receive financing from the TWDB and require
coordination with the Commission.
(2) Only the Commission may grant conditional
approvals and variances to its requirements relating to the review and
processing of Plans and Specifications for public water facilities.
(3) The TWDB's review and administration of a
water supply project will not serve as an approval of an application for any
permit, which is regulated by the Commission.
(e) COORDINATIONS.
(1) The TWDB will coordinate the review of
Plans and Specifications with the Commission on water supply projects financed
by the TWDB that involve the construction of, or improvements to, surface water
treatment plants, public water supply wells, new interconnections,
disinfection, and treatment projects. For these water supply projects, the TWDB
and Commission agree to rely on the TCEQ Letter of Approval of Plans and
Specifications for design criteria.
(2) Plans and Specifications for other water
supply projects financed by the TWDB will be reviewed only by the TWDB. The
TWDB will review Plans and Specifications of water supply projects for public
water systems financed by the TWDB to ensure satisfaction of the Commission's
requirements related to public water systems and provide TCEQ a courtesy copy
of the TWDB approval for compliance purposes.
(3) For all water supply projects reviewed
for financing by the TWDB requiring coordination with the Commission, the TWDB
will prepare a single document signifying the TWDB's approval of the underlying
Plans and Specifications. The TWDB will send one (1) copy of its approval
document to the applicant and one (1) copy of its approval document to the
Commission.
(4) Following approval
of all water supply project Plans and Specifications, the TWDB will proceed, in
accordance with applicable rules and requirements, with construction
monitoring.
(f)
EXECUTION, ADOPTION, AND MODIFICATION. This Agreement is effective when signed
by the designated representatives of both the TWDB and Commission. This
Agreement is subject to approval of the Board of the TWDB. This Agreement may
be modified by mutual and written consent of the parties.
(g) DURATION. The Agreement shall continue in
full force and effect until cancelled or superseded by either party. The party
requesting cancellation shall give 90-days written notice of intent to cancel
and shall advise the other party in writing of the reasons for cancellation.
(h) SEVERANCE PROVISION. Should
any one or more provisions of this Agreement be held to be null, void, or for
any reason without force or effect, such provision(s) shall be construed as
severable from the remainder of this Agreement and shall not affect the
validity of all other provisions of this Agreement, which shall remain in full
force and effect.
(i) IN WITNESS
THEREOF the parties hereto cause this Letter of Agreement to be duly executed.
(j) Signed on July 1,
2015.
