Emergency Sections
An 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, for no more than 120 days. The emergency action is 
renewable once for no more than 60 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 1. ADMINISTRATION
Part VII. State Office of Administrative Hearings
Chapter 155. Rules of Procedure
1 TAC sec.sec.155.1, 155.3, 155.5, 155.7, 155.9, 155.11, 155.13, 155.15, 155.17, 
155.19, 155.21, 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 
155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155.53
The State Office of Administrative Hearings adopts on an emergency basis new 
sec.sec.155.1, 155.3, 155.5, 155.7, 155.9, 155.11, 155.13, 155.15, 155.17, 155. 
19, 155.21, 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155. 
39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155.53, concerning rules of 
procedures. The new sections establish rules of procedure for contested cases 
conducted by the State Office of Administrative Hearings.
The State Office of Administrative Hearings has determined that the emergency 
adoption of the new sections is necessary and in the public interest in order to 
comply with Texas Civil Statutes, Article 6252-13f.
The State Office of Administrative Hearings finds that an emergency exists in 
that Article 6252-13f mandates the State Office of Administrative Hearings to 
conduct hearings on contested cases as of January 1, 1992, for all agencies 
which do not employ a person whose only duty is to preside as a hearings officer 
over matters related to contested cases before such agencies. The rules are 
necessary as rules of procedure to be followed by all participants in the 
hearing process. Time is of the essence in adopting procedural rules to afford 
all parties notice of the appropriate rules governing the contested cases to be 
heard by the State Office of Administrative Hearings. The rules are necessary to 
insure a fair and orderly process in implementing the hearing process.
The new sections are adopted on an emergency basis under Texas Civil Statutes, 
Article 6252-13f, which confer upon the State Office of Administrative Hearings 
the authority to conduct contested cases and Article 6252-13a, sec.5(d).
sec.155.1. Scope.
(a) This chapter applies to contested hearings before the State Office of 
Administrative Hearings.
(b) These regulations shall be construed to insure the fair and expeditious 
determination of every action.
(c) These rules shall supplement the procedures required by law.
sec.155.3. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Administrative law judge or judge-An individual appointed by the chief 
administrative law judge of the Office under Texas Civil Statutes, Article 6252-
13f, sec.3.
 Agency-A state board, commission, department, or other agency that is subject 
to both Texas Civil Statutes, Article 6252-13a (APTRA) and Article 6252-13f, 
whose action gives rise to a contested case.
 APTRA-The Administrative Procedure and Texas Register Act (Texas Civil 
Statutes, Article 6252-13a).
 Authorized representative -An attorney authorized to practice law in the State 
of Texas or, where permitted by applicable law, a person designated by a party 
to represent the party.
 Chief judge-The chief administrative law judge of the Office.
 Contested case -A proceeding, including, but not restricted to, ratemaking and 
licensing, in which the legal rights, duties, or privileges of a party are to be 
determined by an agency after an opportunity for adjudicative hearing.
 Final decision maker-The person or persons authorized by law or delegation to 
render the final decision in a contested case.
 Law-State and federal statutes, regulations, and relevant case law.
 Office-The State Office of Administrative Hearings.
 Party-A person or agency named, or admitted to participate, in a case before 
the office.
 Person-Any individual, representative, corporation, or other entity, including 
any public or non-profit corporation, or any agency or instrumentality of 
federal, state, or local government.
 Proposal for decision-A proposed decision issued by an administrative law judge 
in accordance with APTRA, sec.15.
sec.155.5. General.
(a) Administrative hearings in contested cases conducted by the Office shall be 
conducted in accordance with APTRA and with the applicable law and rules of the 
agency for which the hearing is conducted.
(b) If there is any conflict between these rules and rules of the agency for 
which a hearing is being conducted the rules of the agency control.
(c) The agency for which an administrative hearing is conducted, shall provide 
the administrative law judge with a written statement of applicable rules or 
policies.
(d) The administrative law judge who conducts an administrative hearing shall 
consider any applicable agency rules or policies in conducting the hearing.
sec.155.7. Jurisdiction.
(a) A case shall be commenced in the agency with appropriate subject matter 
jurisdiction.
(b) The Office acquires jurisdiction over a case when an agency files a written 
request for setting of hearing or request for assignment of administrative law 
judge.
(c) A request for hearing or for assignment of administrative law judge shall be 
considered filed on the date the request is received by the Office.
sec.155.9. Request for Setting of Hearing or Assignment of Administrative Law 
Judge.
(a) An agency shall submit to the Office one of the following accompanied by 
copies of all pertinent documents (including, but not limited to, the complaint, 
petition, application, or other document describing agency action giving rise to 
a contested case):
(1) request for setting of hearing; or
(2) request for assignment of administrative law judge.
(b) If an agency requests a setting for hearing, the Office will provide the 
agency with the date, time, and place of such setting.
(c)  If any agency requests an assignment of an administrative law judge, the 
Office will assign a judge to consider motions and other prehearing matters.
(d) After a case has been set for hearing pursuant to a request for setting of 
hearing or has been assigned a judge pursuant to a request for assignment of 
administrative law judge, any party may move for appropriate relief, including, 
but not limited to, discovery and evidentiary rulings, continuances, and 
settings.
sec.155.11. Notice of Hearing.
(a) Subject to the provisions of sec.155.5(a) and (b) of this title (relating to 
General), an agency shall be responsible for providing notice to all parties as 
required under APTRA, sec.13, and other applicable law.
(c) An administrative law judge may issue notice of date, time, and place for 
hearings.
sec.155.13. Venue.  Hearings shall be conducted at the site designated by the 
office in accordance with applicable law.
sec.155.15. Powers and Duties of Judges.
(a) The judge shall have the authority and duty to:
(1) conduct a full, fair, and impartial hearing;
(2) take action to avoid unnecessary delay in the disposition of the proceeding; 
and
(3) maintain order.
(b) The judge shall have the power to regulate the course of the hearing and 
conduct of the parties and authorized representative, including the power to:
(1) administer oaths;
(2) take testimony;
(3) rule on questions of evidence;
(4) rule on discovery issues;
(5) issue orders relating to hearing and prehearing matters, including orders 
imposing sanctions that the agency that the contested case is before may impose;
(6) limit unduly repetitious testimony and reasonably limit the time for 
presentations;
(7)  grant a continuance;
(8) request parties to submit legal memoranda, proposed findings of fact and 
conclusions of law; and
(9) issue proposals for decision pursuant to APTRA,  s15.
sec.155.17. Disqualification of Judges.
(a) A judge shall withdraw from participation in any proceeding in which 
personal bias or other reasons render the judge unable to provide an impartial 
hearing and decision, or when an appearance of impropriety may reasonably be 
inferred from the facts.
(b) A party may move for the disqualification of a judge promptly upon 
discovering facts which establish grounds for disqualification.
sec.155.19. Substitution of Judges.
(a) If for any reason a judge is unable to continue presiding over a pending 
hearing, or issue a proposal for decision after the conclusion of the hearing, 
another judge may be designated as a substitute, in accordance with law.
(b) The substitute judge may use the existing record and need not repeat 
previous proceedings, but may conduct further proceedings as are necessary and 
proper to conclude the hearing and render a proposal for decision.
sec.155.21. Appearance of Parties at Hearings; Representation.
(a)  An individual may represent himself or herself.
(b) A party may be represented by an attorney authorized to practice law in the 
State of Texas or other representative when authorized by law.
(c) A party's representative shall enter his or her appearance with the Office.
(d) A party's representative of record shall be copied on all notices, 
pleadings, and other correspondence.
sec.155.23. Discovery.  Parties to an administrative hearing before the Office 
shall have the discovery rights provided in APTRA and the agency's statute and 
rules.
sec.155.25. Prehearing Conferences.
(a) When appropriate, the judge may hold a prehearing conference to resolve 
matters preliminary to the hearing.
(b) A prehearing conference may be convened to address the following matters:
(1) issuance of subpoenas;
(2) factual and legal issues;
(3) stipulations;
(4) requests for official notice;
(5) identification and exchange of documentary evidence;
(6) admissibility of evidence;
(7) identification and qualification of witnesses;
(8) motions in limine and other motions;
(9) discovery disputes;
(10) order of presentation;
(11)  scheduling;
(12) settlement conferences; and
(13) such other matters as will promote the orderly and prompt conduct of the 
hearing.
(c) At the discretion of the judge, all or part of the prehearing conference may 
be recorded.
sec.155.27. Prehearing Orders.
(a) The judge may issue a prehearing order reciting the actions taken or to be 
taken with regard to any matter addressed at the prehearing conference.
(b) The prehearing order shall be a part of the case record.
(c) If a prehearing conference is not held, the judge may issue a prehearing 
order to regulate the conduct of the proceedings.
sec.155.29. Settlement Conferences.
(a) Upon request of any party and approval by the judge, or in the judge's 
discretion, a conference may be held to address settlement possibilities.
(b) Settlement discussions shall not be made a part of the case record.
sec.155.31. Stipulations.
(a) The parties, by stipulation, may agree to any substantive or procedural 
matter.
(b) A stipulation may be filed in writing or entered on the record at the 
hearing.
(c) The judge may require additional development of stipulated matters.
sec.155.33. Motions.
(a) Unless otherwise provided by these regulations:
(1) a party may move for appropriate relief before or during a hearing;
(2) a party shall submit all motions in writing or orally at a hearing;
(3) written motions shall:
(A) be filed no later than 15 days before the date of the hearing;
(B) state concisely the question to be determined;
(C) be accompanied by any necessary supporting documentation; and
(D) be served on each party.
(4) an answer to a written motion shall be filed on the earlier of:
(A) 10 days after receipt of the motion; or
(B) on the date of the hearing.
(5) on written notice to all parties or with telephone consent of all parties, 
the judge may schedule a conference to consider a written motion;
(6) the judge may reserve ruling on a motion until after the hearing;
(7) the judge may issue a written decision or state the decision on the record;
(8) if a ruling on a motion is reserved, the ruling shall be in writing and may 
be included in the judge's proposed decision; and
(9) the filing or pendency of a motion does not alter or extend any time limit 
otherwise established by these regulations.
(b)  Continuances may be granted by the Office in accordance with APTRA, the 
agency's statute and rules, and applicable case law.
sec.155.35. Dismissal for Lack of Prosecution.  An action is subject to 
dismissal or a recommendation for dismissal for lack of prosecution in 
accordance with APTRA, the agency's statute and rules, and applicable case law.
sec.155.37. Conduct of Hearings. On a genuine issue in a contested case, each 
party is entitled to:
(1) call witnesses;
(2)  offer evidence;
(3) cross-examine any witness called by a party; and
(4) make opening and closing statements.
sec.155.39. Telephone Hearings.
(a) The judge may, with consent of the parties, conduct all or part of the 
hearing by telephone, video, or other electronic means, if each participant in 
the hearing has an opportunity to participate in, hear, and, except when a 
telephone is used, see the entire proceeding.
(b) All substantive and procedural rights apply to telephone hearings, subject 
only to the limitations of the physical arrangement.
(c) Documentary evidence. For a telephone hearing documentary evidence to be 
offered shall be mailed by the proponent to all parties and the Office at least 
five days before the hearing.
(d) Default. For a telephone hearing, the following may be considered a failure 
to appear and grounds for default, if the conditions exist for more than 10 
minutes after the scheduled time for hearing:
(1) failure to answer the telephone;
(2)  failure to free the telephone for a hearing; or
(3) failure to be ready to proceed with the hearing as scheduled.
sec.155.41. Order or Proceedings.
(a) A case shall be called to order by the judge.
(b) The judge shall explain briefly the purpose and nature of the hearing.
(c) The judge may allow the parties to present preliminary matters.
(d) The judge shall state the order of presentation of evidence.
(e) Witnesses shall be sworn or put under affirmation to tell the truth.
sec.155.43. Waivers.
(a) Waiver of right to appear at hearing.
(1) A party may waive the right to appear at the hearing unless prohibited by 
law.
(2) A waiver shall be in writing and filed with the Office.
(3) A waiver may be withdrawn by a party on written notice received by the 
Office no later than seven days before the scheduled hearing.
(4) When a waiver is permitted by law, failure of a party to appear personally 
or by representation after filing written notice of waiver, may not result in a 
finding of default.
(b) Waiver of hearing. A hearing before the judge is not necessary if all 
parties agree to the admission of the evidence and waive their right to appear.
sec.155.45. Evidence.
(a) General. Evidence shall be admitted in accordance with APTRA.
(b) Exclusion of witnesses.
(1) Upon request by any party, the judge shall exclude witnesses other than 
parties from the hearing room, except when testifying.
(2) The judge may order the witness, parties, attorneys, and all other persons 
present in the hearing room not to disclose to any witness excluded under this 
section the nature, substance, or purpose of testimony, exhibits, or other 
evidence introduced during the witness' absence.
(3) A party that is not a natural person may designate an individual to remain 
in the hearing room, even though the individual may be a witness.
(c) Prefiled testimony. Prefiled written testimony may be received pursuant to, 
and in accordance with, the agency's statute and rules.
(d) Official notice. The judge may take official notice of a fact that is 
judicially noticeable in accordance with APTRA.
sec.155.47. Failure to attend hearing and default. <ol> If, after receiving 
notice of a hearing, a party fails to attend a hearing, the judge may proceed in 
that party's absence or, where appropriate, may issue a proposal for decision 
against the defaulting party.
sec.155.49. Proceedings Open to the Public.
(a) Unless otherwise prohibited by federal or state law, all proceedings before 
the Office are open to the public.
(b) The judge may:
(1) remove persons whose conduct impedes the orderly progress of the hearing; 
and
(2)  restrict attendance because of the physical limitations of the hearing 
facility.
sec.155.51. Proposal for Decision.
(a) A judge shall prepare a proposal for decision which shall contain:
(1) findings of fact and conclusions of law, separately stated; and
(2) if appropriate, a proposed order.
(b) The judge shall submit the proposal for decision to the final decision maker 
with a copy to each party.
sec.155.53. Service.  Unless otherwise required by law, service of the following 
documents shall be made by personal delivery or by certified mail, return 
receipt requested:
(1) notices of hearing;
(2) default orders;
(3) prehearing orders; and
(4) proposal for decisions.
Issued in Austin, Texas, on April 6, 1992.
TRD-9204686
Steven L. Martin
Chief Administrative Law Judge
State Office of Administrative Hearings
Effective date: April 6, 1992
Expiration date: August 4, 1992
For further information, please call: (512) 475-4993
       
Chapter 157. Temporary Administrative Law Judges
1 TAC sec.157.1
The State Office of Administrative Hearings adopts on an emergency basis new 
sec.157.1, concerning temporary administrative law judges. The new section 
establishes the required qualifications for temporary administrative law judges 
and the selection process for such judges.
The State Office of Administrative Hearings has determined that the emergency 
adoption of the new section is necessary and in the public interest in order to 
comply with Texas Civil Statutes, Article 6252-13f.
The State Office of Administrative Hearings finds that an emergency exists in 
that Article 6252-13f mandates the State Office of Administrative Hearings to 
conduct hearings on contested cases as of January 1, 1992, for all agencies 
which do not employ a person whose only duty is to preside as a hearings officer 
over matters related to contested cases before such agencies. These rules 
establish the required qualifications and selection process for temporary 
administrative law judges. The use of temporary administrative law judges is 
authorized when employed judges are not available to hear contested cases within 
a reasonable time.
The new section is adopted on an emergency basis under Texas Civil Statutes, 
Article 6252-13f, which confer upon the State Office of Administrative Hearings 
the authority to conduct contested cases, and to utilize temporary 
administrative law judges where employed judges are not available in a 
reasonable time, and Article 6252-13a, sec.5(d).
sec.157.1. Temporary Administrative Law Judge.
(a) If judges employed by the State Office of Administrative Hearings (Office) 
are not available to hear a case within a reasonable time, the chief judge may 
contract with qualified individuals to serve as temporary administrative law 
judges.
(b) To serve as a temporary administrative law judge, an individual must be 
licensed to practice law in the State of Texas and have experience conducting 
hearings under the Administrative Procedure and Texas Register Act (APTRA).
(c) The chief judge will also consider:
(1) qualifications and experience;
(2) expertise related to the subject matter of the hearing; and
(3) the recommendation of the parties.
(d) To be considered to serve as a temporary administrative law judge an 
individual should submit to the chief judge a letter indicating such interest 
along with a resume detailing the individual's experience in conducting APTRA 
hearing.
Issued in Austin, Texas, on April 6, 1992.
TRD-9204685
Steven L. Martin
Chief Administrative Law Judge
State Office of Administrative Hearings
Effective date: April 6, 1992
Expiration date: August 4, 1992
For further information, please call: (512) 475-4993
       
TITLE 22. EXAMINING BOARDS
Part XI. Board of Nurse Examiners
Chapter 213. Practice and Procedure
22 TAC sec.213.20
The Board of Nurse Examiners adopts on an emergency basis an amendment to 
sec.213.20, concerning licensure of persons who have been hospitalized or 
treated for mental illness, or are chemically dependent. The emergency action of 
this amendment is necessary, in part, due to the passage of Texas Civil 
Statutes, Article 4519a, during the 72nd Legislative Session and the adoption of 
sec.213.21, regarding declaratory order of eligibility for licensure.
This amendment is a recommendation from the task force formed by the Board of 
Nurse Examiners to assist in clarifying the language and will further clarify 
procedures used in determining a candidate's eligibility to write the licensure 
examination due to mental or physical disability/illness and/or chemical 
dependency.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 4514, sec.1, which provide the Board of Nurse Examiners with the 
authority to make and enforce all rules and regulations necessary for the 
performance of its duties and conducting of proceedings before it, to establish 
standards of professional conduct for all persons licensed under the provisions 
of this law in keeping with its purpose and objectives.
sec.213.20. Licensure of Persons Who Have <nl>Physical or [Been Hospitalized or 
Treated for] Mental <nl>Disability/Illness, or <nl>Who are Chemically Dependent.
(a) [Purpose.] This section sets out the guidelines and criteria on the 
eligibility of persons <nl>with mental or physical disability/illness and/or 
chemical dependency<ol> to obtain a license as a registered nurse. The 
<nl>board<ol> [Board of Nurse Examiners] may refuse to admit persons to its 
licensure examinations, may refuse to issue a license or certificate of 
registration, or may refuse to issue a license or certificate of registration, 
or may refuse to issue a temporary permit to any individual with lack of fitness 
to practice by reason of mental [illness] <nl>or physical health<ol> or 
intemperate use of alcohol or drugs that could result in injury to patients or 
the public.
<nl>(b) In evaluating a situation involving a physical disability/illness, the 
board shall consider:
<nl>(1) the nature and seriousness of the physical disability/illness and the 
likelihood of the disability/illness adversely affecting the safe practice of 
professional nursing; and
<nl>(2) whether a person with a physical disability/illness has failed to safely 
practice professional nursing because of the manifestations of the physical 
disability/illness.
[(b) Definition. For purposes of this rule "mental illness" is defined as an 
illness, disease, or condition which either substantially impairs the person's 
thought, perception of reality, emotional process, or judgment; or grossly 
impairs behavior as manifested by recent disturbed behavior. Mental illness does 
not include epilepsy, senility, alcoholism, or mental deficiency.
[(1) The board may refuse to admit a person to its licensure examinations, may 
refuse to issue a license or certificate of registration, or may refuse to issue 
a temporary permit to any individual who is mentally ill or is chemically 
dependent, if this condition(s) directly effects the registered nurse's ability 
to practice professional nursing.]
<nl>(c)<ol>[(2)] In  <nl>evaluating a situation involving <ol> [considering 
whether] mental <nl>disability/<ol>illness [and/or chemical dependence directly 
effects the practice of a registered nurse], the board shall consider:
<nl>(1)<ol>[(A)] the nature and seriousness of <nl>the <ol> mental 
<nl>disability/ <ol>illness[.] <nl>and the likelihood of the mental 
disability/illness adversely affecting the safe practice of professional 
nursing; and<ol> [Excluded are problems which are short term in nature, such as 
a situational crisis in which there is an external event that threatens the 
ability of the individual to cope, the individual receives counseling and 
his/her functioning is no longer impaired. Examples of situational crises 
include, but are not limited to:
[(i) natural disasters such as earthquake, tornado, or hurricane;
[(ii) loss through death or divorce;
[(iii) loss of employment;
[(iv) rape; or
[(v) postpartum depression; and]
<nl>(2) whether a person with mental disability/illness has failed to safely 
practice professional nursing because of the manifestations of the mental 
disability/illness.
<nl>(d)<ol>[(B)] <nl>In evaluating a situation involving the intemperate use of 
drugs or alcohol, the board shall consider<ol> whether the individual is 
impaired by drug or alcohol <nl>abuse<ol> [use].
[(c) Procedures for denying a license to a person with mental illness and/or 
chemical dependence.]
<nl>(e)<ol>[(1)] The executive <nl>director<ol> [secretary] shall give written 
notice to the person that the board proposes to deny the application for a 
license <nl>or permission to write the licensure examination<ol> [after a formal 
hearing].
<nl>(f)<ol>[(2)] If the board denies an application for a license under this 
section, the executive  <nl>director<ol> [secretary] shall give the person 
written note[:]
[(A)] of the reasons for the decision<nl>. <ol>[;]
[(B) that the person, after exhausting administrative appeals, may file an 
action in any of the district courts in the county of residence for review of 
the evidence presented to the board and its decision;
[(C) that the person must begin the judicial reviews by filing a petition with 
the court within 30 days after the board's action is final and appealable; and
[(D) of the earliest date that the person may appeal.]
Issued in Austin, Texas on April 1, 1992.
TRD-9204540
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: April 2, 1992
Expiration date: July 31, 1992
For further information, please call: (512) 835-8650
       
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 229. Food and Drug
Synthetic Narcotic Drugs in the Treatment of Drug Dependent Persons.
25 TAC sec.229.146
The Texas Department of Health is renewing the emergency effectiveness of the 
emergency adoption of an amendment to sec.229.146, concerning synthetic narcotic 
drugs in the treatment of drug dependent persons for an additional 60 days. The 
text of the amendment was originally published in the December 13, 1991, issue 
of the Texas Register (16 TexReg 7135).
Issued in Austin, Texas on January 1, 1988.
TRD-9204582
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: April 7, 1992
Expiration date: June 6, 1992
For further information, please call: (512) 458-7248
       
TITLE 31. NATURAL RESOURCE AND CONSERVATION
Part I. General Land Office
Chapter 8. Gas Marketing Program
31 TAC sec.sec.8.1-8.10
The General Land Office adopts on an emergency basis new  ssec.8.1-8.10, 
concerning the Gas Marketing Program. The sections are adopted on an emergency 
basis to insure a continuous supply of natural gas to state agencies for heating 
and other purposes.
The new sections are adopted on an emergency basis under the Act of July 30, 
1991, 72nd Legislature, First Called Session, Chapter 3, Article 3, 1991 Texas 
Session Law Service 4, 71 (to be codified at Texas Natural Resource Code, 
sec.31. 401 and sec.31.402), red to as Senate Bill 2, which authorizes the 
commissioner to review and approve any contract entered into by a state agency 
for the acquisition of an annual average of 100 Mcf per day or more of natural 
gas used in the production of energy, the Act of August 13, 1991, 72nd 
Legislature, First Called Session, 19, sec.70, 1991 Texas Session Law Service 
365, 1035, which requires any agency which leases land for mineral development 
to use, to the greatest extent practical, the resources produced from those 
lands, and the Act of August 13, 1991, 72nd Legislature, First Called Session, 
Chapter 19, sec.138, 1991 Texas Session Law Service 365, 1051, which requires 
the General Land Office to review and approve any contract for the acquisition 
of natural gas and report the savings achieved by substituting contracts using 
natural gas from state-leased properties to the comptroller.
sec.8.1. Scope of Rules. These rules shall govern the procedure for the review 
and approval of any contract for the acquisition of natural gas used in the 
production of energy by a state agency. For purposes of this chapter, state 
agency includes all of the entities described under Texas Civil Statutes, 
Article 6252-9b (Vernon 1980).
sec.8.2. Definitions.  The following words and terms, when used in this chapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
 Comptroller-The Comptroller of Public Accounts;
 Contract-Any new or existing contract, agreement, tariff, rate, or other 
arrangement for the acquisition, sale, supply, or transportation of natural gas.
(A) New contract-
(i) a contract that was not executed by all the necessary parties prior to 
September 1, 1991; or
(ii) the renewal of an existing contract, whether or not affirmative action is 
required for such renewal.
(B) Existing contract-A contract that was executed by all the necessary parties 
prior to September 1, 1991.
 General Land Office or GLO-The General Land Office 1700 North Congress Avenue, 
Austin, Texas 78701-1495.
 Mcf-Thousand cubic feet.
 MMBtu equivalent -That volume of gas, measured in British Thermal units, that 
is equivalent to one Mcf.
 Production of energy-Includes, but is not limited to, the production of heat or 
electricity through the direct burning of natural gas or its use as fuel in 
generators or boilers.
 State gas-Natural gas produced from land leased from:
(A) the school land board;
(B) a board for lease other than the Board for Lease of University Lands; or
(C) the owner of the soil of lands subject to the Relinquishment Act of 1919 
(Texas Civil Statutes, Articles 5367-5379, now codified at Texas Natural 
Resource Code, sec.sec.52.171-52.189 (Vernon 1978 and Supplement 1992)); or
(D) other gas acquired by the GLO for resale.
 State gas price -The price offered or obtained by the GLO in its sales 
contracts.
sec.8.3. Contract Submission Requirements. All contracts and requests for 
proposal submitted for review should be submitted to the Gas Marketing 
Representative, General Land Office, 2656 South Loop West, Suite 500, Houston, 
77054-2641.
(1) All correspondence should be directed to the attention of the Director of 
Royalty Management and Compliance, General Land Office, 1700 North Congress 
Avenue, Austin, Texas 78701-1495.
(2) Copies of all correspondence should be directed to the attention of the Gas 
Marketing Representative, General Land Office-Houston Office, 2656 South Loop 
West, Suite 500, Houston, Texas, 77054-2639.
(3)  All contracts submitted to GLO for review must show the approval of an 
executive officer of the agency submitting the contract who has authority to 
enter into such contracts and the approval of the submitting agency's counsel.
sec.8.4. Review Criteria for All Contracts. The GLO will review all new and 
existing contracts entered into by a state agency for the acquisition of an 
average volume of 100 Mcf (or the MMBtu equivalent thereof) or more per day of 
natural gas, calculated on an annual basis, to ensure that the agency is using 
natural gas produced from state lands for the production of energy to the 
greatest extent practical.
(1) The GLO will not approve a contract using non-state gas if it determines 
that it can provide gas at the same, or a lower price.
(A) The cost of transporting state gas from the point of production to the 
agency's service address (or other mutually agreed point) shall be considered 
part of the cost of state gas.
(B) The amortized cost of laying a pipeline installing other equipment in order 
to deliver state gas may be considered a part of the cost of gas.
(2) The GLO will not approve a contract if it determines that the purchasing 
agency leases land for mineral development through a board for lease authorized 
by the Natural Resources Code, Chapters 34, 35, or 36, and such agency is not 
using, to the greatest extent practical, resources produced from land owned by 
the agency to meet its energy requirements.
(3) The final decision regarding the practicality of using gas provided by GLO 
to meet the agency's energy requirements will be with GLO.
sec.8.5. Unapproved Contracts; Requests for Wavier.
(a) If GLO does not approve the contract, it will offer the agency a state gas 
contract on comparable terms.
(b) If the agency declines GLO's contract it may make application for a waiver 
under sec.8.7 of this title (relating to Waivers for Contracts for the 
Acquisition of Non-state Gas).
(c) If the agency either is not granted a waiver under sec.8.7 of this title, or 
fails to submit a contract for approval, GLO will monitor the price difference 
between the contract for which application for waiver was made and declined or 
between any unsubmitted contract and the state gas contract that was offered or 
could have been offered and report the potential savings, if any, as provided 
under sec.8.10 of this title (relating to Reporting Contract Savings).
sec.8.6. Review of Existing Contracts.
(a) Existing contracts with termination provisions.
(1) If an agency is currently purchasing gas under an existing contract which 
makes provision for termination and GLO can provide the agency with state gas at 
a comparable or better price, GLO may offer the agency a state gas contract.
(2) If the agency declines GLO's contract it may make application for a waiver 
under sec.8.7 of this title (relating to Waivers for Contracts for the 
Acquisition of Non-state Gas).
(3) If the agency is not granted a waiver under sec.8.7 of this title, GLO will 
monitor the price difference and report the potential savings, if any, as 
provided under sec.8.10 of this title (relating to Reporting Contract Savings).
(b) Existing contracts without termination provisions.
(1)  The GLO shall issue a waiver under sec.8.7 of this title, with respect to 
existing contracts for which GLO could substitute a state gas contract to 
provide gas at a comparable or lower price and that do not have a provision for 
termination upon a showing by the agency that:
(A) the contract does not contain a termination provision; and
(B) the current provider will not agree to terminate the contract.
(2) If the agency is unable to provide reasonable documentation of the 
conditions for waiver under this paragraph, the provisions of subsection (a) of 
this section will apply to the existing contract.
sec.8.7. Waivers for Contracts for the Acquisition of Non-state Gas.
(a) An agency requesting a waiver of approval for a contract for the purchase of 
non-state gas must make a written request to GLO for such waiver and provide the 
following information:
(1) letter from the agency requesting the waiver and stating the grounds 
justifying such waiver, including, without limitation, any ground for waiver set 
out in this chapter;
(2)  copies of the existing or proposed gas purchase agreement and any related 
transportation agreements;
(3) in the case of a state agency desiring a contract to purchase natural gas on 
a month-to-month basis, a list of spot-prices for at least the immediate past 
12-month period;
(4) any additional information required in the other sections of this chapter or 
other information requested by GLO;
(b) Unless determined otherwise, GLO will grant approval upon written 
application of the agency under the following circumstances:
(1) if GLO can provide state gas at the same or a lower price, but neither the 
agency nor GLO can arrange transportation at a price which, when added to the 
cost of state gas, is the same or less than the cost of gas and transportation 
under the proposed contract for non-state gas; or
(2) if, in its sole determination, GLO does not have sufficient state gas 
available to meet the agency's needs.
sec.8.8. Gas Usage Data Form.
(a) Each agency will submit a gas usage data form to GLO by July 31 of each 
year.
(b) Any state agency that does not have a current gas usage data form on file 
with GLO will complete one and file it with GLO on or before July 31, 1992.
sec.8.9. Requests for Proposals.
(a) Any state agency making a request for proposals for the supply and/or 
transportation of natural gas, shall submit such request in writing to GLO for 
review and approval prior to its release or publication.
(b) All such requests for proposal must state:
(1) that the proposal is subject to:
(A) the Act of July 30, 1991, 72nd Legislature, First Called Session, Chapter 3, 
1991 Texas Session Law Service 4, 71 (to be codified at Texas Natural Resource 
Code, sec.31.401 and sec.31.402); and
(B) review by GLO prior to acceptance or rejection; and
(2) that if GLO finds, under the proposal, the agency will not be using natural 
gas produced from state lands to the greatest extent practical, then the 
resulting contract will be not be approved by GLO.
(c) All such requests for proposals shall include provisions that will permit 
proposals submitted by GLO with pricing provisions based on GLO weighted average 
cost of gas (WACOG) to be considered on an equal competitive basis with all 
other proposals. Any request for proposal that does not contain such provisions 
shall be deemed to contain such a provision.
sec.8.10. Reporting Contract Savings.
(a) Each month, GLO will determine the savings achieved by calculating the 
difference between the price that would have been paid under the agency's 
previous non-state gas contract and the price paid under the state gas contract.
(b) Each month, GLO will report all savings achieved to the comptroller.
Issued in Austin, Texas on April 1, 1992.
TRD-9204630
Garry Mauro
Commissioner
General Land Office
Effective date: April 3, 1992
Expiration date: August 1, 1992
For further information, please call: (512) 463-5394
       
Chapter 15. Planning Division
Certification of Coastal Wetlands
31 TAC sec.15.60
The General Land Office adopts on an emergency basis new  s15.60, concerning 
approval of the Nueces County coastal management plan, including designation of 
critical dune areas in Nueces County, rules to protect critical dune areas, 
rules for preservation and enhancement of public beach access, and rules for 
protection from coastal floods. The section is adopted on an emergency basis due 
to the imminent peril to the public health, safety, and welfare caused by 
ongoing human activities which, if left unregulated by Nueces County and the 
state, are likely to alter or destroy critical dune areas, minimize or impair 
public beach access, and increase the potential for flood damage on the Texas 
coast. The General Land Office is required by recent amendments to state law to 
adopt rules governing the identification of critical dune areas, protection of 
dunes, maintaining and enhancing public beach access, and protection against 
flooding in the coastal area.
The new section is adopted on an emergency basis under the Natural Resources 
Code, sec.sec.61.011, 61.015(b), and 63.121 and the Water Code, sec.16.321.
sec.15.60. Dune Protection, Beach Access, and Flood Protection-Nueces County.
(a) Policy, definitions, and administration.
(1)  Policy.
(A) General policy. The General Land Office recognizes that communities along 
the Texas coast have diverse natural resources requiring individual management 
techniques. Because of this diversity, the General Land Office will address dune 
protection, beach access, and flood protection for each coastal county and 
municipality on an individual basis. The General Land Office also recognizes 
that the different areas of the Texas coast have many natural resources and 
resource management techniques in common. The common elements will be addressed, 
to the greatest extent possible, by adopting minimum rules that apply to the 
whole coastal area consistent with recognition of local diversity. These rules 
and guidelines are intended to:
(i) set standards for dune protection, the preservation and enhancement of beach 
access, and floodplain protection;
(ii) assist local governments in protecting coastal natural resources;
(iii) aid coastal citizens in developing private property on the coast in a 
manner compatible with preservation of public property, conservation of the 
natural environment, and ensuring public safety;
(iv) ensure consistent permitting; and
(v) serve as a stimulus for better management of the coastal area.
(B) Dune protection policy. The General Land Office recognizes that the Texas 
coast is a fragile dynamic environment that is constantly changing in reaction 
to human and natural influences. Sand dunes on the seaward shore of the Gulf of 
Mexico are an irreplaceable part of that environment and serve a vital function 
by protecting public and private land on or adjacent to barrier islands, 
peninsulas, and mainland shores from storms and floods. Dunes store sand that 
replenishes eroded beaches after storms, act as buffers against windblown sand, 
salt, and spray, are areas of significant biological diversity, and are home to 
many species important to the natural beauty of the coast and the preservation 
of the food chain. It is the policy of the General Land Office to protect the 
beach/dune system by ensuring that damage to and destruction of dunes and dune 
vegetation is avoided to the greatest extent practicable. Damage that is 
unavoidable must be minimized. All damage must be compensated for by repairing 
the damaged dunes and the vegetation, creating new dunes and planting new 
indigenous vegetation, or enhancing existing dunes or existing vegetation. The 
General Land Office considers dunes and dune protection an important component 
of the natural balance of sand in the beach/dune system, flood protection, 
habitat preservation, and aesthetic values. The General Land Office recognizes 
that dune formation along the Texas coast varies and is dependent upon the local 
geology, sediment supply, and meteorological and wave processes.
(C) Beach access policy. The General Land Office recognizes that free and 
unrestricted access to and from the state-owned beaches bordering the seaward 
shore of the Gulf of Mexico is the right of the public, both individually and 
collectively. In addition, the public has acquired a common law right of use or 
easement to most beaches bordering on the seaward shore of the Gulf of Mexico, 
including generally the area extending from the line of mean high tide to the 
line of vegetation. It is the policy of the General Land Office to ensure that 
the public's right to use these beaches is maintained and, whenever practicable, 
enhanced. It is further the policy of the General Land Office to maintain, and 
whenever practicable, enhance public access to these beaches from public roads 
in areas landward of the beaches. Finally, it is the policy of the General Land 
Office to prevent reduction in the size of public beaches caused by erosion of 
or encroachment on public beaches.
(D) Flood protection policy. The General Land Office recognizes that the 
communities located on the barrier islands, peninsulas, and mainland areas 
fronting on the Gulf of Mexico are extremely vulnerable to natural disasters 
which cause flood damage. The National Flood Insurance Act (42 United States 
Code, sec.sec.4001-4127) provides an insurance program supported by public funds 
through which the citizens of participating communities may recover losses 
caused by flood damage. It is the policy of the General Land Office to 
coordinate federal, state, and local involvement in this program in the coastal 
area. It is further the policy of the General Land Office to aid, advise, and 
cooperate with those citizens and communities desiring to participate in the 
federal program, to promote the public interest by establishing rules for 
appropriate protection against the perils of losses caused by coastal floods, 
and to encourage sound land use along the shore of the Gulf of Mexico by 
minimizing exposure of property to flood loss.
(2) Definitions. The following words and terms, when used in this chapter, shall 
have the following meanings, unless the context clearly indicates otherwise.
(A)  Beach/dune system-The land from the line of mean low tide to the critical 
dune line (1,000 feet landward of mean high tide) and includes washover areas 
and areas adjacent to tidal inlets.
(B) Beachfront construction certificate-A certification by a local government 
that proposed beachfront construction adjacent to and landward of a public beach 
will preserve and enhance public access to the public beaches as required by the 
Natural Resources Code, sec.61.015(c)-(h).
(C) Beach profile-The intersection of the ground surface with a vertical plane; 
it may extend from the top of the foredune ridge to the seaward limit of sand 
movement.
(D) Beach-related services-Include, but are not limited to, beach cleaning, law 
enforcement, beach nourishment projects, public facilities, off-beach parking, 
and associated beach accessways. Beach-related services must serve only areas on 
or immediately adjacent to the public beach.
(E) Beach user fee-Any fee collected by a local government, as defined in the 
Natural Resources Code, sec.61.001 to fund beach-related services.
(F) Construction-Any building, bulkheading, filling, clearing, excavation, or 
any substantial improvement to land or the size of any structure, including any 
activity which is likely to result in the alteration of a dune or dune 
vegetation. Construction includes the removal of or damage to vegetation, 
clearing or grading the site, and the placing of construction materials on the 
site, as well as continuation of site work beyond the limits of the foundation 
including landscape work.
(G) Dune protection permit or permit-The authorization by local governments to 
allow construction in a specified location seaward of a dune protection line or 
within the critical dune area as required by the Natural Resources Code, 
sec.63.051. Dune protection permits shall be valid only for a six-month period.
(H)  FEMA-The Federal Emergency Management Agency of the United States 
Government. This agency administers the National Flood Insurance Program and 
produces the flood insurance rate maps.
(I) Foredunes-Those dunes which offer the first significant means of dissipating 
storm-generated wave and current energy issuing from the open Gulf of Mexico. 
Because various heights and configurations of dunes may perform this function, 
no standardized physical description can be offered. However, where they occur, 
foredunes are distinguishable from surrounding dune types by their relative 
location and physical appearance. Foredunes are the first clearly 
distinguishable, usually grass-covered, stabilized large dunes encountered 
landward of the open Gulf of Mexico. Although they may be large and continuous, 
foredunes are typically hummocky and discontinuous and are often interrupted by 
breaks and washover channels.
(J) Foredune ridge-The high continuous line of dunes which are usually well 
vegetated and rise sharply landward of the foredune area but may rise directly 
from a flat, wave-cut beach immediately after a storm.
(K) Line of vegetation-The extreme seaward boundary of natural vegetation which 
spreads continuously inland generally defining the landward extent of the public 
beach as defined by the Open Beaches Act.
(L)  Permit or certification condition-A statement or stipulation that is part 
of a permit or certification, performance of which is necessary for compliance 
with the permit or certification.
(M) Public beach-Any beach that extends inland from the line of mean low tide to 
the natural line of vegetation bordering on the seaward shore of the Gulf of 
Mexico, or such larger contiguous area, to which the public has acquired a right 
of use or easement to or over by prescription, dedication, or estoppel, or has 
retained a right by virtue of continuous right in the public since time 
immemorial as recognized by law or custom. This definition does not include a 
beach that is not accessible by a public road or ferry as provided in the 
Natural Resources Code, sec.61.021.
(N) Structure-Any building or combination of related components in an ordered 
scheme that constitutes habitable major structures, nonhabitable major 
structures, nonhabitable minor structures, and coastal and shore protection 
structures.
(i) Habitable major structures are structures suitable for human habitation 
including, but not limited to, single or multi-family residences, mobile homes, 
apartment buildings, hotels, motels, condominium buildings, buildings for 
commercial purposes, and other types of residential, commercial, or public 
buildings. A habitable structure may be any structure which is, in fact, being 
used for habitation.
(ii) Nonhabitable major structures include, but are not limited to, swimming 
pools, riding stables, bathhouses, detached garages, cabanas, pipelines, piers, 
canals, lakes, ditches, drainage structures, and other water retention 
structures; roads, driveways, streets, highways, parking areas and other paved 
areas, underground storage tanks, and similar structures. Nonhabitable major 
structures also include slab patios, slab porches on new or existing structures, 
earth retaining walls, subgrade utilities (e.g., wells, septic tanks, and drain 
fields), and any other structures which may require material alteration of the 
topography.
(iii)  Minor structures include, but are not limited to, pile-supported, 
elevated dune and beach walkover structures, beach access ramps and walkways; 
stairways; wooden viewing platforms, gazebos, and boardwalks; lifeguard support 
stands; cantilevered decks or porches on new or existing structures; sidewalks, 
ornamental garden structures, aviaries, and other ornamental projects; and 
similar structures and projects. Usage will not be the only criterion used to 
classify structures as minor, but it shall also be a characteristic of minor 
structures that they are considered to be expendable under wind, wave, and storm 
forces. Recreational vehicles and tents located in the critical dune area for 
over 14 days are included in the category of minor structures.
(iv)  Coastal and shore protection structures shall encompass nonrigid or 
flexible structures associated with beach nourishment projects, sand bypassing 
systems, and beach and dune restoration efforts, such as sand fencing and 
stabilization with dune plants, and other structures which are intended to 
prevent erosion or protect other structures from wave and hydrodynamic forces 
such as seawalls, bulkheads, revetments, mound structures, groins, and 
breakwaters.
(O) Variance-Any provision not in conformance with General Land Office rules, 
FEMA rules, or a local government's plan which is incorporated into a permit or 
a certification.
(P) Washover areas-Low areas which range from 1/4 mile to three miles wide that 
channel hurricane flood tides across barrier islands and peninsulas into bay 
areas. Many washovers occupy sites of abandoned tidal channels; others are 
caused by storm tides where foredunes are poorly developed or weakened by 
blowouts. During major storms, these are areas of intense current activity where 
large volumes of sand are displaced from the seaward side of the island and 
deposited in the channels and/or on the back side of the island.
(3) Administration.
(A)  General. The General Land Office is, through this section, approving the 
Nueces County coastal management plan, designating as a critical dune area the 
area in Nueces County within 1,000 feet of the mean high tide on the seaward 
shore of the Gulf of Mexico, and adopting rules applicable in Nueces County for 
dune protection, beach access, and flood protection. This section is subject to 
revision upon the adoption of coastwide dune protection, beach access, and flood 
protection rules by the General Land Office or upon other determinations of 
state policy under the Open Beaches Act, the Dune Protection Act, and the Water 
Code, sec.16.321.
(B) Activities requiring permits/certifications.
(i) A beachfront construction certification is required for any proposed 
construction landward of a public beach and within the area up to 1,000 feet of 
mean high tide or up to the first public road, whichever distance is greater. 
Nueces County shall presume that any given beach is public unless the adjacent 
landowner has obtained a final judgment otherwise under the Natural Resources 
Code,  s61.019.
(ii) A dune protection permit is required for any proposed construction within 
1,000 feet of mean high tide that is likely to result in damage or destruction 
to dunes or dune vegetation.
(iii) Activities which constitute proposed construction and require 
certifications or permits under this section include, for example, applications 
for plat approval, site plan approval, building permits, zoning approval for 
land uses requiring construction, and beach maintenance. Production of oil and 
gas is exempt from the requirement for a dune protection permit; however, 
activities related to exploration, development, or transportation of oil and gas 
are not exempt. Grazing livestock and recreational activity (other than 
operation of recreational vehicles) are also exempt; however, any construction 
or activities incidental to these is not exempt.
(C) Application and review. Nueces County shall require that applications for 
dune protection permits and beachfront construction certifications include:
(i)  provisions for avoidance, minimization, and compensation for damaged or 
destroyed dunes and dune vegetation;
(ii) a description of the activity's impact on public beach access; and
(iii) a description of the activity's impact on flood protection.
(D) State agency comments. Nueces County shall submit all applications for dune 
protection permits and beachfront construction certifications, including 
variances, under review by Nueces County to the General Land Office for review 
and comment. The applications must be received by the General Land Office no 
later than 10 working days prior to the public hearing at which the Nueces 
County Commissioners Court is first scheduled to act on the permit. In addition, 
the Open Beaches Act requires Nueces County to submit applications for 
beachfront construction certifications to the Attorney General's Office for 
review and comment 10 working days prior to the hearing regarding any effect on 
beach access.
(E) Compliance with legal requirements. Nueces County may not issue a dune 
protection permit or beachfront construction certification that is inconsistent 
with this section. Nueces County should be aware of the different laws which 
affect the decision-making process and shall take these into account when 
deciding to issue dune protection permits and beachfront construction 
certifications. Compliance with local, state, and federal laws is necessary for 
consistent management of the Texas coast.
(F) Reporting violations. Nueces County shall immediately inform the General 
Land Office of any possible violations of the Dune Protection Act, Open Beaches 
Act, or this section resulting from acts performed without a permit or 
certification and any acts in violation of a permit or certification.
(b) Dune protection.
(1)  Dune protection line. Nueces County shall maintain a dune protection line 
which, at a minimum, protects the foredune ridge and all dunes seaward of the 
foredune ridge. Although foredunes and the foredune ridge are the primary focus 
of protection, they depend on the backdunes for support and preservation. Damage 
and destruction to foredunes, or to backdunes which would materially weaken 
foredunes and the foredune ridge, shall be avoided using the best available 
technology. Dune damage includes any manmade alteration of a dune or dune 
vegetation that individually or cumulatively with other actions is likely to 
materially weaken the dune system.
(2) Sand budget. Nueces County shall certify or permit only those activities 
which the General Land Office determines are not likely to result in the 
temporary or permanent removal of sand from the beach/dune system.
(3) Mitigation. Nueces County shall use the mitigation sequence as defined in 
this section as the decision-making basis for granting dune protection permits. 
The mitigation sequence consists of three steps.
(A) Avoid damage to dunes and dune vegetation, including manmade alteration of 
dunes or the beach profile, removal of or injury to vegetation, and removal of 
sand from the dunes. Permits allowing damage to dunes may be issued only if, 
using the best available technology, there is no practicable alternative to the 
proposed activity, proposed site, or proposed methods for conducting the 
activity. The cumulative impacts of other activities adjacent to the seaward 
shore of the Gulf of Mexico shall be identified and considered as part of the 
permitting process.
(B) Minimize damage to dunes. If an applicant for a dune protection permit or 
beachfront construction certification proves to the county commissioners that 
damage to dunes and dune vegetation is unavoidable, a permit allowing the 
unavoidable damage may be issued provided that there is a permit condition 
requiring that the amount of damage is minimized to the greatest extent 
practicable.
(C) Compensate for all damage. All permits shall require that any damage to 
dunes and dune vegetation be compensated for by the creation of new dunes, the 
enhancement of existing dunes, and/or the repair of the damaged dunes as well as 
the planting of indigenous vegetation. The new, enhanced, and/or repaired dunes 
or dune vegetation shall be superior or equal to the damaged dunes in their 
ability to protect the community from potential flood damage, to support 
indigenous flora and fauna, and to protect the adjacent beach from erosion.
(D)  Commissioners court permit issuance. The commissioners court may issue a 
permit only if it finds, after a full investigation, that the proposed 
construction and subsequent conduct will not materially weaken or damage any 
affected dune or dune vegetation by impairing the effectiveness of the affected 
dune to reduce its effectiveness a means of protection from high wind and water. 
In determining the effect of the activity on dune functions, the commissioners 
court shall consider cumulative impacts on other dunes or of other activities 
within the beach/dune system, the existing morphology vegetation of the existing 
dune, the feasibility and desirability of any proposed compensatory dune 
rebuilding or revegetation, and any significant environmental features of the 
dune.
(4) Compensatory mitigation. Compensation for damage to dunes and dune 
vegetation shall begin no later than 30 days after construction is complete. 
Compensation efforts shall be continuous until the new, enhanced, and/or 
repaired dunes and dune vegetation is equal or superior to the damaged dunes and 
dune vegetation. However, in no event shall the compensation process take more 
than one year. After one year, the permittee shall be liable for penalties if 
compensation is incomplete or inadequate.
(5) Open beaches requirements. Nueces County may not issue a dune protection 
permit which allows any construction on artificial dunes created on the public 
beach, except for dune walkovers or other walkways that serve only as accessways 
and encroach on the public beach to the minimum extent possible.
(c) Beach access.
(1)  Maintaining beach access. Nueces County may not certify beachfront 
construction that allows any existing beach access points to be impaired, nor 
may the county restrict vehicular access to the beach, without providing or 
requiring equivalent or better public access.
(2) Fees. Any beach user fee imposed by Nueces County shall be reasonable in 
amount and shall recover only the minimum necessary cost of providing Nueces 
County's desired level of beach services to the beach users. The maximum beach 
user fees which may be charge by Nueces County are $10 for a 12-month permit and 
$5.00 for a 30-day permit. Nueces County may spend beach user fee revenues only 
on beach-related services or facilities and shall not commingle such revenues 
with any other funds. Nueces County shall send quarterly reports to the General 
Land Office stating the amount of beach user fee revenues and itemizing how 
beach user fee revenues are expended. The General Land Office may prescribe 
reporting forms or methods. Nueces County shall maintain some free public beach 
access by providing areas where no fee is charged for parking on or off beach or 
for pedestrian access.
(3) Dedication of access ways. Nueces County shall certify beachfront 
construction conditioned on the dedication of new public beach access or parking 
areas where the construction, alone or cumulatively, will likely result in 
impairment of existing beach access and where the commissioners court finds that 
requiring the dedication is reasonable taking into account the size and nature 
of the proposed construction.
(4) Encroachments on public beaches.
(A) Nueces County is not authorized and may not issue any beachfront 
construction certification, dune protection permit, or other authorization 
allowing construction within the public beach easement, except dune walkovers 
and other beach access walkways and the artificial promotion of sand dune 
formations consistent with applicable promotion of sand dune formations 
consistent with applicable attorney general enforcement policy. Any issuance or 
approval of an instrument contrary to this section is void.
(B)  Except as provided following, Nueces County may not issue any beachfront 
construction certificate for construction outside the public beach easement that 
functionally supports or depends on, or is otherwise related to, proposed or 
existing structures that encroach on the public beach easement, regardless of 
whether the encroachment is on land that was previously outside of the public 
beach easement.
(i) Nueces County may issue a beachfront construction certificate for 
construction outside the public beach easement that functionally supports or 
depends on, or is otherwise related to, an existing major habitable structure 
within the public easement that has been damaged less than 50 by a storm or 
other casualty. The certificate shall be conditioned on no related construction 
being done within the beach easement other than construction consistent with 
applicable attorney general enforcement policy to do the minimum repairs 
necessary to keep the structure habitable, and further that the structure be 
demolished if the repairs are not completed within a reasonable time.
(ii) As a condition to issuing any beachfront construction certificate for 
construction outside the public beach easement, Nueces County shall require the 
applicant, prior to initiation of the proposed construction, to remove all 
structures, debris, rubble, wreckage, waste, and salvageable material 
encroaching on the public beach easement within the tract or lot on which 
construction is proposed.
(C) To determine the location of the boundary of the public beach easement and 
to determine whether a structure constitutes an encroachment on the public 
beach, the General Land Office and Nueces County shall rely on determinations by 
the Attorney General's Office pursuant to the exercise of the attorney general's 
enforcement discretion over encroachments on the public beach.
(d) Floodplain protection. Federal flood protection regulations. In issuing dune 
protection permits and beachfront construction certifications, Nueces County 
shall comply with the FEMA's regulations governing construction in flood hazard 
areas. FEMA prohibits manmade alteration of sand dunes within Zones Vl-30, V, 
and VE on Nueces County's flood insurance rate map which would increase the 
potential for flood damage. Nueces County shall expeditiously inform the General 
Land Office and the FEMA regional representative in Texas of the issuance of any 
variance from FEMA regulations or of any activity done in variance of the FEMA's 
regulations. Variances may affect participation in the Federal Flood Insurance 
Program.
(e) Penalties. A person who violates this section is liable for a civil penalty 
of not less than $50 nor more than $1,000 per violation per day. Each day the 
violation occurs or continues is a separate violation. Violations of the Dune 
Protection Act and the Open Beaches Act are separate violations and will be 
assessed separately.
(f) General provisions.
(1) Construction. The Nueces County coastal management plan shall be construed 
to be consistent with this emergency rule. If there is any irreconcilable 
conflict, this emergency rule controls. Approval of the Nueces County coastal 
management plan may not be construed to expand or detract from the statutory or 
constitutional authority or limitations of Nueces County or any other 
governmental entity, nor may it be construed to authorize Nueces County or any 
other governmental entity to alienate public property rights in public beaches.
(2) Withdrawal of approval. The General Land Office may withdraw approval of the 
Nueces County coastal management plan if the county does not comply with it or 
this section.
Issued in Austin, Texas, on April 3, 1992.
TRD-9204632
Garry Mauro
Commissioner
General Land Office
Effective date: April 3, 1992
Expiration date: August 1, 1992
For further information, please call: (512) 463-5394
       
Part IX. Texas Water Commission
Chapter 290. Water Hygiene
Rules and Regulations for Public Water Systems
31 TAC sec.sec.290.38-290.49
The Texas Water Commission (TWC) adopts on an emergency basis the repeal of 
sec.sec.290.38-290.49 and new sec.sec.290.38-290.49, concerning rules and 
regulations for public water systems.
Senate Bill 2, First Called Session, 72nd Legislature, transferred all the 
powers, duties, rights, and obligations of the Texas Department of Health (TDH) 
pertaining to the setting of sanitary standards for drinking water and the 
protection of public water supplies and bodies of water to the TWC effective 
March 1, 1992. The TWC has determined that the absence of additional treatment, 
storage, and distribution standards, and in particular, the absence of controls 
regulating returning any water to the public water supply after it leaves the 
control of the utility presents an imminent peril to the public health, safety, 
and welfare. These rules, formerly codified as 25 TAC sec.sec.337.201-337.212, 
transferred to the TWC through recodification in 31 TAC sec. s290.38-290.49. The 
present rules are deficient in certain respects, in that they do not adequately 
address particular areas of system design, water treatment, water storage, and 
water distribution. More importantly, the provisions on water distribution 
expressly allow returning water to the public water supply after it leaves the 
control of the utility with little or no regard for the impacts to human health 
or the environment. The Texas Water Commission repeals sec.sec.290.38-290.49 and 
is replacing the repealed sections, on an emergency basis, with new sec.sec.290. 
38-290.49.
The distribution system design criteria located in new  s290.44, now contains 
language that regulates the construction and installation of devices which 
return process water generated by such devices back into the public water supply 
system. Additionally, several of the sections were rewritten to clarify the 
intent of new sec.290.44, to organize the sections into a more logical sequence, 
and to incorporate several revisions suggested by the public and commission 
staff.
A definition for "maximum daily demand" was added to sec.290.38 to codify a 
long-standing staff policy and to assist consulting engineers in estimating the 
production and treatment requirements of certain public water systems which do 
not maintain daily water usage data.
Section 290.39 was reorganized and includes some suggested grammatical changes. 
It also includes a new requirement that the planning material for a proposed 
well include the location of any abandoned wells in the vicinity of the new 
wellsite.
Section 290.41, underwent a major reorganization. Design criteria for springs 
and other similar sources of drinking water were added. Several sections were 
rewritten to clarify that the commission will recognize only water sample 
analysis which is conducted by a laboratory approved by the Texas Department of 
Health.
Section 290.42 was also reorganized. A section on the treatment required for 
water from springs and other similar sources was added. Requirements for 
parallel treatment facilities were added for those surface water treatment 
plants that produce more than 3.0 million gallons per day. Several provisions 
were rewritten to improve their clarity.
Since water storage design criteria, old sec.290.44, generally precedes water 
distribution design criteria, old sec.290.43, in the configuration of a public 
water system, the order of these two sections was interchanged. In the new 
sec.290.43, an inconsistency in the previous design requirements for storage 
tanks was eliminated and some of the rules were rewritten to clarify the intent 
of the earlier versions of these rules. Also, the design requirements for roof 
hatches were changed slightly to save many utilities the cost of retrofitting 
their existing storage tanks.
Section 290.45, which relates to the capacity requirements for public water 
systems, was reorganized. In addition, a long-standing policy regarding the 
relationship of excess elevated storage tank capacity and service pump capacity 
has been codified so that exceptions are no longer required for those types of 
water systems. A subsection was also added which requires water wholesalers to 
provide sufficient auxiliary power so that a minimal volume of water can be 
supplied to their customers in the event of the temporary failure of their 
primary power source.
A number of changes were made to sec.290.46, which deals with minimum operating 
practices for water systems. In response to a request by field staff, a 
provision was added to require water systems to allow commission personnel 
access to system facilities for the purpose of making sanitary survey 
inspections. In response to requests from rural utilities, the disinfectant 
monitoring requirements for small water systems were modified. Those parts of 
sec.sec.290.38-290.45 which deal with operations were relocated to this section 
to make the document more uniform.
The changes to sec.sec.290.47-290.49 were minor and were made to eliminate 
inconsistencies between these and the other revised sections.
These emergency rules are effective immediately upon filing with the Texas 
Register.
The repeals are adopted on an emergency basis under the Texas Water Code, 
sec.5.103, which authorizes the commission to adopt any rules necessary to carry 
out its powers, duties, and policies and the Texas Health and Safety Code, 
Chapter 341, Subchapter C, which governs sanitary standards of drinking water, 
protection of public water supplies, and bodies of water.
sec.290.38. Definitions.
sec.290.39. General Provisions.
sec.290.40. Prohibitions.
sec.290.41. Water Sources.
sec.290.42. Water Treatment.
sec.290.43. Water Distribution.
sec.290.44. Water Storage.
sec.290.45. Minimum Water System Capacity Requirements.
sec.290.46. Minimum Acceptable Operating Practices for Public Drinking Water 
Systems.
sec.290.47. Appendix A. State Approval Recognition.
sec.290.48. Appendix B. Minimum Required Water Main Sizes.
sec.290.49. Appendix C. Sample or Suggested Sanitary Control Easement Document 
for a Public Water Well.
Issued in Austin, Texas on April 2, 1992.
TRD-9204536
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: April 2, 1992
Expiration date: April 23, 1992
For further information, please call: (512) 463-8069
       
The new sections are adopted on an emergency basis under the Texas Water Code, 
sec.5.103, which authorizes the commission to adopt any rules necessary to carry 
out its powers, duties, and policies and the Texas Health and Safety Code, 
Chapter 341, Subchapter C, which governs sanitary standards of drinking water, 
protection of public water supplies, and bodies of water.
sec.290.38. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. If a word or term used in this title is not contained in the 
following list, its definition shall be as shown in Title 40 Code of Federal 
Regulations, sec.141.2. Other technical terms used shall have the meanings or 
definitions listed in the latest edition of "Glossary, Water and Wastewater 
Control Engineering," prepared by a joint editorial board representing the 
American Public Health Association, American Society of Civil Engineers, 
American Water Works Association, and the Water Pollution Control Foundation.
 ANSI standards -The standards of the American National Standards Institute, 
Inc., 1430 Broadway, New York, New York 10018.
 ASME standards -The standards of the American Society of Mechanical Engineers, 
346 East 47th Street, New York, New York 10017.
 ASTM standards -The standards of the American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, Pennsylvania 19102.
 Auxiliary power -Either mechanical power or electric generators which can 
enable the system to provide water under pressure to the distribution system in 
the event of a local power failure. With the approval of the executive director, 
dual primary electric service may be considered as auxiliary power in areas 
which are not subject to large scale power outages due to natural disasters.
 AWWA standards -The latest edition of the applicable standards as approved and 
published by the American Water Works Association, 6666 West Quincy Avenue, 
Denver, Colorado 80235.
 Commission-The Texas Water Commission.
 Community water system-A public water system which has a potential to serve at 
least 15 residential service connections on a year-round basis or serves at 
least 25 residents on a year-round basis.
 Connection-A single family residential unit or each commercial or industrial 
establishment to which drinking water is supplied from the system. As an 
example, the number of service connections in an apartment complex would be 
equal to the number of individual apartment units. When enough data is not 
available to accurately determine the number of connections to be served or 
being served, the population served divided by three will be used as the number 
of connections for calculating system capacity requirements. Conversely, if only 
the number of connections is known, the connection total multiplied by three 
will be the number used for population served.
 Contamination-The presence of any foreign substance (organic, inorganic, 
ladiological, or biological) in water which tends to degrade its quality so as 
to constitute a hazard or impair the usefulness of the water.
 Cross-connection-A physical connection between a public water system and either 
another supply of unknown or questionable quality, any source which may contain 
contaminating or polluting substances, or any source of water treated to a 
lesser degree in the treatment process.
 Drinking water -All water distributed by any agency or individual, public or 
private, for the purpose of human consumption or which may be used in the 
preparation of foods or beverages or for the cleaning of any utensil or article 
used in the course of preparation or consumption of food or beverages for human 
beings. The term "drinking water" shall also include all water supplied for 
human consumption or used by any institution catering to the public.
 Drinking water standards-The commission rules covering drinking water standards 
in sec.sec.290.1-290.19 of this title (relating to Drinking Water Standards 
Governing Drinking Water Quality and Reporting Requirements for Public Water 
Supply Systems).
 Elevated storage capacity-That portion of water which can be stored at least 80 
feet above the highest service connection in the pressure plane served by the 
storage tank.
 Executive director -The executive director of the Texas Water Commission.
 Health hazard-Any conditions, devices, or practices in the water supply system 
and/or its operation which create, or may create, a danger to the public health 
and well-being of the water consumer. An example of a health hazard is a 
structural defect in the water supply system, whether of location, design, or 
construction, which may regularly or occasionally prevent satisfactory 
purification of the water supply or cause it to be contaminated from extraneous 
sources.
 Human consumption -Uses by humans in which water can be ingested into or 
absorbed by the human body. Examples of these uses include, but are not limited 
to, drinking, cooking, brushing teeth, bathing, washing hands, washing dishes, 
and preparing foods.
 Interconnection-A physical connection between two public water supply systems.
 Intruder-resistant fence -A fence six feet or more in height, constructed of 
wood, concrete, masonry, or metal with three strands of barbed wire extending 
outward from the top of the fence at a 45 degree angle. In lieu of the barbed 
wire, the fence must be eight feet in height. The fence must be in good repair 
and close enough to surface grade to prevent intruder passage.
 Maximum daily demand-In the absence of verified historical data, maximum daily 
demand means 2.4 times the average daily demand of the system.
 mg/1-Milligrams per liter, a measure of concentration, equivalent to and 
replacing parts per million (ppm) in the case of dilute solutions.
 NSF-The National Sanitation Foundation and refers to the listings developed by 
the Foundation, P.O. Box 1468, Ann Arbor, Michigan 48106.
 Noncommunity water system-Any public water system which is not a community 
system.
 Nontransient noncommunity water system-A public water system that is not a 
community water system and regularly serves at least 25 of the same persons at 
least six months out of the year.
 psi-Pounds per square inch.
 Peak hourly demand-In the absence of verified historical data, peak hourly 
demand means 1.25 times the maximum daily demand (prorated to an hourly rate) if 
a public water supply meets the commission's minimum requirements for elevated 
storage capacity and 1.85 times the maximum daily demand (prorated to an hourly 
rate) if the system uses pressure tanks or fails to meet the commission's 
minimum elevated storage capacity requirement.
 Public health engineering practices-Requirements in these sections or 
guidelines promulgated by the commission.
 Public water system-A system for the provision to the public of piped water for 
human consumption, which includes all uses described under the definition for 
drinking water. Such a system must have a potential for at least 15 service 
connections or serve at least 25 individuals at least 60 days out of the year. 
This term includes any collection, treatment, storage, and distribution 
facilities under the control of the operator of such system and used primarily 
in connection with such system; and any collection or pretreatment storage 
facilities not under such control which are used primarily in connection with 
such system. Two or more systems with each having a potential to serve less than 
15 connections or less than 25 individuals but owned by the same person, firm, 
or corporation and located on adjacent land will be considered a public water 
system when the total potential service connections in the combined systems are 
15 or greater or if the total number of individuals served by the combined 
systems total 25 or more at least 60 days out of the year. Without excluding 
other meanings of the terms "individual" or "served," an individual shall be 
deemed to be served by a water system if he lives in, uses as his place of 
employment, or works in a place to which drinking water is supplied from the 
system.
 Sanitary control easement-A legally binding document securing all land, within 
150 feet of a public water supply well location, from pollution hazards. This 
document must fully describe the location of the well and surrounding lands and 
must be filed in the county records to be legally binding.
 Service pump-Any pump that takes treated water from storage and discharges to 
the distribution system.
 Transfer pump-Any pump which conveys water from one point to another within the 
treatment process or which conveys water to storage facilities prior to 
distribution.
sec.290.39. General Provisions.
(a) Authority for requirements. The Texas Health and Safety Code, Chapter 341, 
Subchapter C, prescribes the duties of the Texas Water Commission relating to 
the regulation and control of public drinking water systems in the state. These 
statutes require that the commission review completed plans and specifications 
for all contemplated public water systems, and that the commission be notified 
of any subsequent material changes, improvements, additions, or alterations in 
existing systems. In order to properly discharge these duties, the Texas Water 
Commission is authorized to develop rules governing the design of system 
facilities, as well as minimum acceptable operating practices necessary to 
protect the public health.
(b)  Reason for these sections and minimum criteria. These sections have been 
adopted to insure the inclusion of all data essential for comprehensive 
consideration of the contemplated project, or improvements, additions, 
alterations, or changes thereto and to establish minimum standardized public 
health design criteria in compliance with existing state statutes and in 
accordance with good public health engineering practices. In addition, minimum 
acceptable operating practices must be specified to insure that facilities are 
properly operated to produce and distribute a safe, potable water.
(c)  Authorization for examination of plans.
(1) Plans, specifications, and related documents will not be considered unless 
they have been prepared under the direction of a registered professional 
engineer. All engineering documents must have engineering seals, signatures, and 
dates affixed in accordance with the rules of the Texas State Board of 
Registration for Professional Engineers.
(2) Detailed plans must be submitted for examination at least 30 days prior to 
the time that approval, comments, or recommendations are desired. From this, it 
is not to be inferred that final action will be forthcoming within the time 
mentioned.
(3) The limits of approval are as follows.
(A) The commission's Water Utilities Division furnishes consultation services as 
a reviewing body only, and its registered engineers may neither act as design 
engineers nor furnish detailed estimates.
(B) The commission's Water Utilities Division does not examine plans and 
specifications in regard to the structural features of design, such as strength 
of concrete or adequacy of reinforcing. Only the features covered by these 
sections will be reviewed.
(C) The consulting engineer and/or owner must provide surveillance adequate to 
assure that facilities will be constructed according to approved plans and must 
notify the commission's Water Utilities Division in writing upon completion of 
all work.
(d)  Submission of planning material. In general, the planning material 
submitted shall conform to the following requirements.
(1) Engineering reports are required for new water systems and all surface water 
treatment plants. Engineering reports are also required when design deficiencies 
are identified in an existing system. The engineering report shall include, at 
least, coverage of the following items:
(A) statement of the problem or problems;
(B)  present and future areas to be served, with population data;
(C)  the source, with quantity and quality of water available;
(D)  present and estimated future maximum and minimum water quantity demands;
(E) description of proposed site and surroundings for the water works 
facilities;
(F) type of treatment, equipment, and capacity of facilities;
(G) basic design data, including pumping capacities, water storage, and 
flexibility of system operation under normal and emergency conditions; and
(H) the adequacy of the facilities with regard to delivery capacity and pressure 
throughout the system.
(2) All plans and drawings submitted may be printed on any of the various papers 
which give distinct lines. All prints must be clear, legible, and assembled to 
facilitate review.
(A)  The relative location of all facilities which are pertinent to the specific 
project shall be shown.
(B) The location of all abandoned or inactive wells within one quarter mile of a 
proposed wellsite shall be shown or reported.
(C) If staged construction is anticipated, the overall plan shall be presented, 
even though a portion of the construction may be deferred.
(D)  A general map or plan of the municipality, water district, or area to be 
served shall accompany each proposal for a new water supply system.
(3)  Specifications for construction of facilities shall accompany all plans. If 
a process or equipment which may be subject to probationary acceptance because 
of limited application or use in Texas is proposed, the commission, at its 
discretion, may give limited approval. In such case, the owner must be given a 
bonded guarantee from the manufacturer covering acceptable performance. The 
specifications shall include a statement that such a bonded guarantee will be 
provided the owner and shall also specify those conditions under which the bond 
will be forfeited.
(4) Copies of each sanitary control easement shall accompany plans for all 
wells. See sec.290.49 of this title (relating to Appendix C-Sample Sanitary 
Control Easement Document for a Public Water Well) for a suggested form.
(e) Beginning and completion of work.
(1) The commission's Water Utilities Division, shall be notified in writing by 
the design engineer or the owner when construction is started.
(2) Upon completion of the water works project, the engineer or owner will 
notify the commission's Water Utilities Division, in writing, as to its 
completion and attest to the fact that the completed work is substantially in 
accordance with the plans and change orders on file with the commission.
(f) Changes in plans and specifications. Any addenda or change orders which may 
involve a health hazard or relocation of facilities, such as wells, treatment 
units, and storage tanks, shall be submitted to the executive director for 
review and approval.
(g) Changes in existing systems or supplies. Changes or additions to existing 
systems shall require written notification to the executive director. The 
executive director shall determine whether engineering plans and specifications 
will be required after initial notification of the extent of the modifications.
(h) Planning material acceptance. Planning material for improvements to an 
existing system which does not meet the requirements of all sections of these 
regulations will not be considered unless the necessary modifications for 
correcting the deficiencies are included in the proposed improvements, or unless 
the executive director determines that reasonable progress is being made toward 
correcting the deficiencies and no immediate health hazard will be caused by the 
delay.
(i) Exceptions. Requests for exceptions to one or more of these sections shall 
be considered on an individual basis. Any water system which requests an 
exception must demonstrate to the satisfaction of the executive director that 
the exception will not compromise the public health or result in a degradation 
of service or water quality.
(1) The exception must be requested in writing and must be substantiated by 
carefully documented engineering data. The request for an exception should 
precede the submission of engineering plans and specifications for a proposed 
project.
(2) Any exception granted by the commission is subject to revocation.
(3) Any request for an exception which is not approved by the commission in 
writing is denied.
sec.290.40. Prohibitions.
(a) Construction and operation prohibition. No person or entity may construct or 
operate a public drinking water system in violation of these sections or the 
drinking water standards.
(b) Distribution prohibition. No person or entity may distribute drinking water 
to the public in violation of these sections or the drinking water standards.
sec.290.41. Water Sources.
(a) Water quality. The quality of water to be supplied must meet the quality 
criteria prescribed by the commission's drinking water standards.
(b) Water quantity. Sources of supply, both ground and surface, shall have a 
safe yield capable of supplying the maximum daily demands of the distribution 
system during extended periods of peak usage and critical hydrologic conditions. 
The pipe lines and pumping capacities to treatment plants or distribution 
systems shall be adequate for such water delivery. Minimum capacities required 
are specified in sec.290.45 of this title (relating to Minimum Water System 
Capacity Requirements).
(c)  Ground water sources and development.
(1) Ground water sources shall be located so that there will be no danger of 
pollution from flooding or from insanitary surroundings, such as privies, 
sewage, sewage treatment plants, livestock and animill pens, solid waste 
disposal abandoned and improperly sealed wells.
(A) No well site which is within 50 feet of a tile or concrete sanitary sewer, 
sewerage appurtenance, septic tank, or storm sewer; or which is within 150 feet 
of a septic tank perforated drainfield, absorption bed, evapotranspiration bed, 
or underground fuel storage tank will be acceptable for use as a public drinking 
water supply well. Sanitary or storm sewers constructed of ductile iron or PVC 
pipe meeting AWWA standards, having a minimum working pressure of 150 psi or 
greater, and equipped with pressure type joints may be located at distances of 
less than 50 feet from a proposed well site but in no case shall the distance be 
less than 10 feet.
(B) No well site shall be located within 500 feet of a sewage treatment plant or 
within 300 feet of a sewage wet well, sewage pumping station, or a drainage 
ditch which contains industrial waste discharges or the wastes from sewage 
treatment systems.
(C) No water wells shall be located within 500 feet of animal feed lots, solid 
waste disposal sites, lands on which sewage plant or septic tank sludge is 
applied, or lands irrigated by sewage plant effluent.
(D) Livestock in pastures shall not be allowed within 50 feet of water supply 
wells.
(E)  Abandoned or inoperative wells within 1/4 mile of a proposed wellsite shall 
be reported to the commission along with existing or potential pollution hazards 
which may affect ground water quality. This information must be submitted prior 
to construction or as required by the executive director.
(F) A sanitary control easement covering that portion of the lands within 150 
feet of the well location shall be secured from all such property owners and 
recorded in the deed records at the county courthouse. The easement shall 
provide that none of the pollution hazards covered in subparagraphs (A)-(E) of 
this paragraph, or any facilities that might create a danger of pollution to the 
water to be produced from the well will be located thereon. Copies of the 
recorded easements shall be included with plans and specifications submitted for 
review.
(2)  The premises, materials, tools, and drilling equipment shall be maintained 
so as to minimize contamination of the underground water during drilling 
operation.
(A) Water used in any drilling operation shall be of safe sanitary quality. 
Water used in the mixing of drilling fluids or mud shall contain a chlorine 
residual of at least 0.5 mg/l.
(B) The slush pit shall be constructed and maintained so as to minimize 
contamination of the drilling mud.
(C) No temporary toilet facilities shall be maintained within 150 feet of the 
well being constructed unless they are of a sealed, leakproof type.
(3) Special attention must be given to the construction, disinfection, 
protection, and testing of a well to be used as a public water supply source.
(A) Before placing the well into service, the commission's Water Utilities 
Division shall be furnished a copy of the well completion data, which includes 
the following items: the driller's log (geological log and material setting 
report); a cementing certificate; the results of a 36-hour pump test; the 
results of the microbiological and chemical analyses required by subparagraphs 
(F) and (G) of this paragraph; a copy of the sanitary control easement; and an 
original or legible copy of a United States Geological Survey 7.5-minute 
topographic quadrangle showing the accurate well location.
(B) The casing material used in the construction of wells for public use shall 
be new carbon steel, high-strength low-alloy steel, stainless steel, or plastic. 
The material shall conform to AWWA standards. The casing shall extend a minimum 
of 18 inches above the elevation of the finished floor of the pump room or 
natural ground surface and a minimum of one inch above the sealing block or pump 
motor foundation block when provided. The casing shall extend at least to the 
depth of the shallowest water formation to be developed and deeper, if 
necessary, in order to eliminate all undesirable water-bearing strata.
(C) The space between the casing and drill hole shall be sealed by using enough 
cement under pressure to completely fill and seal the annular space between the 
casing and the drill hole. The well casing shall be cemented in this manner from 
the top of the shallowest formation to be developed to the earth's surface.
(D) When a gravel packed well is constructed, all gravel shall be of selected 
and graded quality and shall be thoroughly disinfected with a 50 mg/l chlorine 
solution as it is added to the well cavity.
(E) Safeguards shall be taken to prevent possible contamination of the water or 
damage by trespassers following the completion of the well and prior to 
installation of permanent pumping equipment.
(F) Upon well completion, or after an existing well has been reworked, the well 
shall be disinfected in accordance with current AWWA standards for well 
disinfection except that the disinfectant shall remain in the well for at least 
six hours.
(i)  Before placing the well in service, the water containing the disinfectant 
shall be flushed from the well and then samples of water shall be collected and 
submitted for microbiological analysis until three successive daily raw water 
samples are free of coliform organisms. The analysis of these samples must be 
conducted by a laboratory approved by the Texas Department of Health.
(ii) Appropriate facilities for treatment of the water shall be provided where a 
satisfactory microbiological record cannot be established after repeated 
disinfection. The extent of water treatment required will be determined on the 
basis of geological data, well construction features, nearby sources of 
contamination and, perhaps, on the basis of quantitative microbiological 
analyses.
(G) A complete physical and chemical analysis of the water produced from a new 
well shall be made after 36 hours of continuous pumping at the design withdrawal 
rate. Shorter pump test periods can be accepted for large capacity wells 
producing from areas of known groundwater production and quality so as to 
prevent wasting of water. Samples must be submitted to the Texas Department of 
Health laboratory for chemical analyses. Tentative approval may be given on the 
basis of tests performed by in-plant or private laboratories but final 
acceptance by the commission shall be on the basis of results from the Texas 
Department of Health laboratory. Appropriate treatment shall be provided if the 
analyses reveal that the water from the well fails to meet the water quality 
criteria as prescribed by the drinking water standards. These criteria include 
turbidity, color and threshold odor limitations, and excessive hydrogen sulfide, 
carbon dioxide, or other constituents or minerals which make the water 
undesirable or unsuited for domestic use.
(H) Below ground-level pump rooms and pump pits will not be allowed in 
connection with water supply installations. The pump room floor shall be at 
least two feet above the highest known watermark or 100-year flood elevation, if 
available, or adequately protected from possible flood damage by levees.
(I) The well site shall be fine graded so that the site is free from 
depressions, grades, or areas too rough for proper ground maintenance so as to 
ensure that surface water will drain away from the well. In all cases, 
arrangements shall be made to convey well pump drainage, packing gland leakage, 
and floor drainage away from the wellhead. Suitable drain pipes located at the 
outer edge of the concrete floor shall be provided to collect this water and 
prevent its ponding or collecting around the wellhead. This waste water shall be 
disposed of in a manner that will not cause any nuisance from mosquito breeding 
or stagnation. Drains shall not be directly connected to storm or sanitary 
sewers.
(J) In all cases, a concrete sealing block extending at least three feet from 
the well casing in all directions, with a minimum thickness of six inches and 
sloped to drain away at not less than 0.25 inches per foot shall be provided 
around the wellhead.
(K) Wellheads and pump bases shall be sealed by a gasket or sealing compound and 
properly vented to prevent the possibility of contaminating the well water. A 
well casing vent shall be provided with an opening that is covered with 16-mesh 
or finer corrosion-resistant screen, faced downward, elevated and located so as 
to minimize the drawing of contaminants into the well.
(L)  If a well blow-off line is provided, its discharge shall terminate in a 
downward direction and at a point which will not be submerged by flood waters.
(M) A suitable sampling cock shall be provided on the discharge pipe of each 
well pump prior to any treatment.
(N) Flow measuring devices shall be provided for each well to measure production 
yields and provide for the accumulation of water production data. These devices 
shall be located to facilitate daily reading.
(O)  All completed well units shall be protected by intruder-resistant fences, 
the gates of which are provided with locks or shall be enclosed in locked, 
ventilated well houses to exclude possible contamination or damage to the 
facilities by trespassers. The gates or wellhouses shall be locked during 
periods of darkness and when the plant is unattended.
(P) An all-weather access road shall be provided to each well site.
(4) Pitless well units may be desirable in areas subject to vandalism or 
extended periods of subfreezing weather.
(A) Pitless units shall be shop fabricated from the point of connection with the 
well casing to the unit cap or cover, be threaded or welded to the well casing, 
be of watertight construction throughout, and be of materials and weight at 
least equivalent and compatible to the casing. The units must have a field 
connection to the lateral discharge from the pitless unit of threaded, flanged, 
or mechanical joint connection. Each unit must terminate at least 18 inches 
above the concrete sealing block and at least two feet above the highest known 
water mark or 100-year flood elevation, whichever is higher.
(B) The design of the pitless unit shall make provisions for an access to 
disinfect the well, a properly designed casing vent, a cover at the upper 
terminal of the well that will prevent the entrance of contamination, a sealed 
entrance connection for electrical cable, and at least one check valve within 
the well casing. The unit shall have an inside diameter as great as that of the 
well casing up to and including casing diameters of 12 inches.
(C) If the connection to the casing is by field weld, the shop-assembled unit 
must be designed specifically for field welding to the casing. The only field 
welding permitted will be that needed to connect a pitless unit to the well 
casing.
(D) Completed pitless well unit installations must be provided with above ground 
level raw water sampling cocks, concrete sealing blocks, and flow measuring 
devices.
(E) The well casing and pitless unit must be properly sealed and cemented in 
accordance with paragraph (3)(C) of this subsection.
(d)  Springs and other water sources.
(1) Springs and other similar sources of flowing artesian water shall be 
protected from potential contaminant sources in accordance with the requirements 
of subsection (c)(1) of this section.
(2) Before placing the spring or similar source into service, completion data 
similar to that required by subsection (c)(3)(A) of this section must be 
submitted to the commission's Water Utilities Division for review and approval.
(3) Springs and similar sources shall be constructed in a manner which will 
preclude the entrance of surface water and debris.
(A)  The site shall be fine graded so that it is free from depressions, reverse 
grades, or areas too rough for proper ground maintenance in order to ensure that 
surface water will drain away from the source.
(B) The spring or similar source shall be encased in an open-bottomed, 
watertight basin which intercepts the flowing water below the surface of the 
ground. The basin shall extend at least 18 inches above ground level. The top of 
the basin shall also be at least two feet above the highest known watermark or 
100-year flood elevation, if available, or adequately protected from possible 
flood damage by levees.
(C) In all cases, a concrete sealing block shall be provided which extends at 
least three feet from the encasement in all directions. The sealing block shall 
be at least six inches thick and be sloped to drain away from the encasement at 
not less than 0.25 inches per foot.
(D) The top of the encasement shall be provided with a sloped, watertight roof 
which prevents the ponding of water and precludes the entrance of animals, 
insects, and other sources of contamination.
(E) The roof of the encasement shall be provided with a hatch that is not less 
than 30 inches in diameter. The hatch shall have a raised curbing at least four 
inches in height with a lockable cover that overlaps the curbing at least two 
inches in a downward direction. Where necessary, a gasket shall be used to make 
a positive seal when the hatch is closed. All hatches shall remain locked except 
during inspections and maintenance.
(F) The encasement shall be provided with a gooseneck vent or roof ventilator 
which is equipped with approved screens to prevent entry of animals, birds, 
insects, and heavy air contaminants. Screens shall be fabricated of corrosion-
resistant material and shall be 16-mesh or finer. Screens shall be securely 
clamped in place with stainless or galvanized bands or wires.
(F)  The encasement shall be provided with an overflow which is designed to 
prevent the entry of animals, birds, insects, and debris. The discharge opening 
of the overflow shall be above the surface of the ground and shall not be 
subject to submergence.
(4) Springs and similar sources must be provided with the appurtenances required 
by subsection (c)(3)(M)-(P) of this section.
(e) Surface water sources and development.
(1) To determine the degree of pollution from all sources within the watershed, 
an evaluation shall be made of the proposed surface water impoundment or flowing 
supply in the area of diversion and its tributary streams.
(A) Where surface water sources which are subject to continuous contamination by 
municipal, agricultural, or industrial wastes and/or treated effluent are 
contemplated for development for public water systems, the adverse effects of 
the contamination on the quality of the raw water reaching the treatment plant 
shall be determined by sanitary surveys and laboratory procedures. These 
findings shall be submitted with the planning material and will be used to 
determine whether or not the proposed raw water intake is adequately protected 
from all sources of contamination.
(B) The disposal of all liquid or solid wastes from any source on the watershed 
must be in conformity with applicable regulations and state statutes. 
Additionally, pesticides or herbicides which are used within the watershed shall 
be applied in strict accordance with the product label restrictions.
(C) Shore installations, marinas, boats, and all habitations on the watershed 
shall be provided with satisfactory sewage disposal facilities. Septic tanks and 
soil absorption fields, tile or concrete sanitary sewers, sewer manholes, or 
other approved toilet facilities shall not be located in an area within 75 feet 
horizontally from the lake water surface at the uncontrolled spillway elevation 
of the lake or 75 feet horizontally from the 50-year flood elevation, whichever 
is lower.
(D) Disposal of wastes from boats or any other watercraft shall be in accordance 
with the Texas Water Code, sec.sec.321.1-321.18.
(2) Intakes shall be located and constructed in a manner which will allow raw 
water to be taken from a variety of depths and which will permit withdrawal of 
water when reservoir levels are very low. Fixed level intakes are acceptable if 
water quality data is available to establish that the effect on raw water 
quality will be minimal.
(A) Insofar as possible, intakes shall be located in areas not subject to 
excessive siltation and areas not subject to receiving immediate runoff from 
wooded sloughs and swamps.
(B) Water intake works shall be provided with screens or grates to minimize the 
amount of debris entering the plant.
(C) No public boat launching ramps, marinas, docks, or floating fishing piers 
shall be located within 1,000 feet of the raw water intake.
(D) A restricted zone of 200 feet radius from the raw water intake works shall 
be established and all recreational activities and trespassing shall be 
prohibited in this area. Regulations governing this zone shall be in the city 
ordinances or the rules and regulations promulgated by a water district or 
similar regulatory agency. Provisions shall be made for the strict enforcement 
of such ordinances or regulations. The restricted zone shall be designated with 
signs recounting these restrictions. The signs shall be maintained in plain view 
of the public and shall be visible from all parts of the restricted area. In 
addition, special buoys may be required as deemed necessary by the executive 
director.
(E)  The executive director shall make an on-site evaluation of any proposed raw 
water intake location. The evaluation must be requested prior to final design 
and must be supported by preliminary design drawings. Once the final intake 
location has been selected, the commission's Water Utilities Division shall be 
furnished with an original or legible copy of a United States Geological Survey 
7.5-minute topographic quadrangle showing the accurate intake location.
(3) The water treatment plant and all pumping units shall be located in well-
drained areas not subject to flooding and away from seepage areas or where the 
underground water table is near the surface.
(A) Water treatment plants shall not be located within 500 feet of a sewage 
treatment plant or lands irrigated with sewage effluent. A minimum distance of 
150 feet must be maintained between any septic tank drainfield line and any 
underground treatment or storage unit. Any sanitary sewers located within 50 
feet of any underground treatment or storage units shall be constructed of 
ductile iron or PVC pipe with a minimum pressure rating of 150 psi and have 
watertight joints.
(B)  Plant site selection shall also take into consideration the need for 
disposition of all plant wastes in accordance applicable regulations and state 
statutes including both liquid and solid waste or by-product material from 
operation and/or maintenance.
(C) The water treatment plant and all appurtenances thereof shall be enclosed by 
an intruder resistant fence. The gates shall be locked during periods of 
darkness and when the plant is unattended. A locked building in the fence line 
may satisfy this requirement or serve as a gate.
(D) An all weather road shall be provided to the treatment plant and to the raw 
water pump station.
(E) Flow measuring devices shall be provided to measure the raw water supplied 
to the plant and to measure the treated water discharged from the plant. These 
devices shall be located to facilitate use and to assist in the determination of 
chemical dosages, the accumulation of water production data, and the operation 
of plant facilities.
sec.290.42. Water Treatment.
(a) Capacity. Based on current acceptable design standards, the total capacity 
of the public water system's production and treatment facilities must always be 
greater than its anticipated maximum daily demand.
(b) Ground waters.
(1) Disinfection facilities shall be provided for all ground water supplies for 
the purpose of microbiological control and distribution protection and shall be 
in conformity with applicable disinfection requirements in subsection (e) of 
this section.
(2) Treatment facilities shall be provided for ground water if the water does 
not meet the drinking water standards. The facilities provided shall be in 
conformance with established and proven methods.
(A) Filters provided for turbidity and microbiological quality control shall be 
preceded by coagulant addition and shall conform to the requirements of 
subsection (c)(10) of this section. Filtration rates for iron and manganese 
removal, regardless of the media or type of filter, shall be based on a maximum 
rate of five gallons per square foot per minute.
(B) The removal of iron and manganese may not be required if it can be 
demonstrated that these metals can be sequestered so that the discoloration 
problems they cause do not exist in the distribution system.
(C) All processes involving exposure of the water to atmospheric contamination 
shall provide for subsequent disinfection of the water ahead of ground storage 
tanks. Likewise, all exposure of water to atmospheric contamination shall be 
accomplished in a manner such that insects, birds, and other foreign materials 
will be excluded from the water. Aerators and all other such openings shall be 
screened with 16-mesh or finer corrosion resistant screen.
(D) Appropriate laboratory facilities shall be provided for controls as well as 
to check the effectiveness of disinfection or any other treatment processes 
employed.
(c) Springs and other water sources.
(1)  Water obtained from springs, infiltration galleries, wells in fissured 
areas, wells in carbonate rock formations, or wells that do not penetrate an 
impermeable strata and/or any other source subject to surface or near surface 
contamination of recent origin shall be evaluated for the provision of treatment 
facilities. Minimum treatment shall consist of coagulation with direct 
filtration and adequate disinfection. In all cases, the treatment process must 
achieve at least a three-log removal or inactivation of Giardia cysts and a 
four-log removal or inactivation of viruses before the water is supplied to any 
consumer.
(A) Filters provided for turbidity and microbiological quality control shall 
conform to the requirements of subsection (d)(10) of this section.
(B) All processes involving exposure of the water to atmospheric contamination 
shall provide for subsequent disinfection of the water ahead of ground storage 
tanks. Likewise, all exposure of water to atmospheric contamination shall be 
accomplished in a manner such that insects, birds, and other foreign materials 
will be excluded from the water. Aerators and all other such openings shall be 
screened with 16-mesh or finer corrosion resistant screen.
(2) Any proposed change in the extent of water treatment required will be 
determined on the basis of geological data, well construction features, nearby 
sources of contamination, and on qualitative and quantitative microbiological 
and chemical analyses.
(3) Appropriate laboratory facilities shall be provided for controls as well as 
to check the effectiveness of disinfection or any other treatment processes 
employed.
(d) Surface water.
(1) All water secured from surface sources shall be given complete treatment at 
a plant which provides facilities for pretreatment disinfection, taste and odor 
control, continuous coagulation, sedimentation, filtration, covered clearwell 
storage, and terminal disinfection of the water with chlorine or suitable 
chlorine compounds. In all cases, the treatment process must achieve at least a 
three-log removal or inactivation of Giardia cysts and a four-log removal or 
inactivation of viruses before the water is supplied to any consumer.
(2) No cross-connection or interconnection shall be permitted to exist in a 
filtration plant between a conduit carrying filtered or post-chlorinated water 
and another conduit carrying raw water or water in any prior stage of treatment. 
Vacuum breakers provided on each hose bibb within the plant facility. No conduit 
or basin containing raw water or any water in a prior stage of treatment shall 
be located directly above, or be permitted to have a single common partition 
wall with another conduit or basin containing finished water.
(3) All drainage conduits shall be constructed so as to be thoroughly tight 
against leakage. Return of the decanted water and/or sludge to the raw water 
should be adequately controlled so that there will be a minimum of interference 
with the treatment process. Any discharge of wastewater shall be in accordance 
with the appropriate statutes and regulations.
(4)  Reservoirs for pretreatment and/or selective quality control shall be 
provided where complete treatment facilities fail to operate satisfactorily at 
times of maximum turbidities or other abnormal raw water quality conditions 
exist. Recreational activities at such reservoirs shall be prohibited.
(5)  Treatment plants shall be provided with efficient devices for measuring and 
applying chemicals to the water being treated.
(A) Each chemical feeder shall have a standby or reserve unit. Common standby 
feeders are permissible, but, generally, more than one standby feeder must be 
provided due to the incompatibility of chemicals or the state in which they are 
being fed (solid, liquid or gas).
(B) Accurate flow meters shall be provided for determining rate of treatment and 
total amount of water treated. All chemical feed equipment shall be capable of 
easily adjusting to variations in the flow of water being treated.
(C) Dry chemical feeders shall be in a separate room and be provided with 
facilities for dust control.
(D) Chemical feeders shall be provided with dissolving tanks when applicable.
(E)  Where practical, the transport of chemical solutions between the feeder and 
the application point should be accomplished through open channels. If enclosed 
feed lines must be used, they shall be designed and installed so as to prevent 
clogging and facilitate cleaning.
(F) Coagulants shall be applied to the water in the mixing basins or chambers so 
as permit their complete mixing with the water. Coagulants shall be applied 
continuously during treatment plant operation.
(G) Chlorine feed units, ammonia feed units, and storage facilities shall be 
separated by solid, sealed walls.
(H) Make-up water supply lines to chemical feeder solution mixing chambers shall 
be provided with an air gap or other acceptable backflow prevention device.
(6) Chemical application points at the raw water source and beyond the mixing 
basin or chamber shall be provided for quality control, taste and odor control, 
stabilization, and disinfection for quality control.
(7) Chemicals shall be stored off the floor in a separate, dry, above ground 
level room and protected against flooding or wetting from floors, walls, and 
ceilings.
(A)  Storage facilities at the plant shall be adequate to store at least one 
month's supply of chemicals. However, local resupply ability may dictate the 
requirements for plant inventories.
(B) Chemical storage facilities shall be located so as to help in the handling 
of bulk chemicals by operators and the transfer of chemicals to the feeders. 
Also, the movement of chemicals from storage to feed machines shall be done in a 
manner that facilitates good housekeeping.
(C) When liquid chemicals are to be used, special precautions must be taken. The 
following concerns must be addressed both during the plan review and approval 
process for new facilities and during the operation of existing plants:
(i) issues involving bulk storage tank design such as the materials of 
construction, capacity (which must be at least 1.5 times the size of truck 
delivery), overflow, and containment;
(ii)  issues involving transfer pump design including the bulk storage tank 
design, day tank capacity, type, materials of construction, and controls;
(iii) issues involving the day tanks such as the materials of construction, 
overflow, containment, capacity, and controls;
(iv)  issues involving metering pump design such as the materials of 
construction, calibration, controls, capacity, and anti-siphon protection; and
(v) issues involving piping and valves including their compatibility with 
solutions.
(8) Flash mixing and flocculation equipment shall be provided which is capable 
of adequate flexibility or adjustment to provide optimum flocculation under 
varying raw water characteristics and rates of raw water treatment.
(A) Where special types of equipment for rapid mechanical mixing, softening, or 
sedimentation are proposed, the manufacturer must meet the design criteria in 
paragraph (9) of this subsection.
(B) Facilities for coagulation and sedimentation must be provided to clarify the 
water so that the settled water turbidity is low enough to produce a finished 
water which meets the turbidity limits established by the commission's drinking 
water standards.
(i) Settled water turbidity of less than 10 turbidity units is generally 
required to produce a filtered water turbidity which meets the requirements of 
the drinking water standards.
(ii)  All turbidity measurements must be made in accordance with the method 
specified in the drinking water standards.
(C) Plants with a design capacity greater than 3.0 million gallons per day must 
provide at least two sets of flash mixing and flocculation equipment which are 
designed to operate in parallel.
(9) Basins for straight-flow sedimentation of coagulated waters shall provide a 
theoretical detention time of at least six hours for clarification plants and 
4.5 hours for softening plants. The settling chamber of a solids contact 
clarification unit shall provide a theoretical detention time of at least two 
hours. Where shorter detention times are desired engineering data, pilot plant 
test data, full scale installation data, and other information as required by 
the commission shall be submitted to the commission to justify the alternate 
process.
(A) Facilities for sludge removal shall be provided by mechanical means or by 
the provision of hopper-bottomed basins with valves capable of complete draining 
of the units. Clarifiers shall be provided with facilities for determining the 
depth of sludge in the unit.
(B)  Basins shall be designed to prevent the short-circuiting of flow or the 
destruction of floc. Coagulated water or water from flocculators shall be 
transported to sedimentation basins in such a manner as to prevent destruction 
of floc. Piping, flumes, and troughs shall be designed to provide a flow 
velocity of 0.5 to 1.5 feet per second. Gates, ports, and valves shall be 
designed at a maximum flow velocity of four feet per second in the transfer of 
water between units.
(C) Sedimentation basins may be square, rectangular, round, or other shapes 
approved by the executive director. The length of rectangular settling basins 
shall preferably be at least twice their width with a side water depth of 10 
feet to 12 feet in nonsoftening water treatment. Square and round sedimentation 
basins may also be used for clarification and softening plants; however, the 
detention time must comply with the requirements of this paragraph.
(D) Sedimentation basins shall be provided with facilities for draining the 
basin within six hours. In the event that the plant site topography is such that 
gravity draining cannot be realized, a permanently installed electric powered 
pump station shall be provided to dewater the basin.
(E) Plants with a design capacity greater than 3.0 million gallons per day must 
provide at least two sedimentation basins or clarification units which are 
designed to operate in parallel.
(10)  Filters shall be gravity or pressure type.
(A) The design of gravity rapid sand filters shall be based on a maximum design 
filtration rate of two gallons per square foot per minute. At the beginning of 
filter runs for declining rate filters, a maximum filtration rate of three 
gallons per square foot per minute is allowed. The filter discharge piping shall 
be designed with an orifice or other permanently installed flow limiting device 
to ensure that the maximum filter rate cannot be exceeded.
(B) Where high-rate dual or multiple media gravity filters are used, a maximum 
design filtration rate of five gallons per square foot per minute must be used. 
At the beginning of filter runs for declining rate filters, a maximum filtration 
rate of 6.5 gallons per square foot per minute is allowed. The filter discharge 
piping shall be designed with an orifice or other permanently installed limiting 
device to ensure that the maximum filter rate cannot be exceeded.
(C) Pressure sand filters shall be subject to the loading provisions in 
subparagraph (A) of this paragraph for gravity sand filters. When used, the 
pressure filters shall be installed such that duplicate capacity is available to 
furnish the design capacity with one filter out of service. The use of pressure 
filters shall be limited to installations with less than 0.50 million gallons 
per day capacity.
(D)  The depth of filter sand, anthracite or other filtering materials shall be 
24 inches or greater. This filtering material shall be free from clay, dirt, 
organic matter, and other impurities. Its effective size shall range from 0.35 
to 0.45 mm for fine sand, 0.45 to 0.55 mm for medium sand, and 0.55 to 0.65 mm 
for coarse sand. Its uniformity coefficient shall not exceed 1.7. The grain size 
distribution shall also be as prescribed by AWWA standards. Material for dual or 
mixed media filters shall conform to AWWA standards.
(E) Under the filtering material, at least 12 inches of gravel shall be placed 
varying in size from 1/16 inch to 2.5 inches. The gravel may be arranged in 
three to five layers such that each layer contains material about twice the size 
of the material above it. Other support material may be approved on a case-by-
case basis.
(F) The rate of flow of backwash water shall not be less than 20 inches vertical 
rise per minute (12.5 gpm/sq. ft.) and usually not more than 30 inches vertical 
rise per minute (18.7 gpm/sq. ft.). This shall expand the filtering bed 30 to 
50%. The free board in inches shall exceed the wash rate in inches of vertical 
rise per minute.
(i) Only fully treated water shall be used to backwash the filters. This water 
may be supplied by elevated wash water tanks or by pumps which take suction from 
the clearwell and are provided for backwashing filters only. For installations 
having a treatment capacity no greater than 150,000 gallons per day, water for 
backwashing may be secured directly from the distribution system if proper 
controls and rate-of-flow limiters are provided.
(ii) The rate of filter backwashing shall be regulated by rate-of-flow 
controllers.
(G) When used, surface filter wash systems shall be installed with an 
atmospheric vacuum breaker or a reduced pressure principle backflow preventer in 
the supply line. If an atmospheric vacuum breaker is used it shall be installed 
in a section of the supply line through which all the water passes and which is 
located above the overflow level of the filter.
(H) With the exception of declining rate filters, each filter unit shall be 
equipped with a manually adjustable rate-of-flow controller with rate-of-flow 
indication or control valves with indicators.
(I)  Each filter unit shall be equipped with a device to indicate loss of head 
through the filter. In lieu of loss-of-head indicators, declining rate filter 
units may be equipped with rate-of-flow indicators to monitor filter condition.
(J) Filter-to-waste connections, if included, shall be provided with an air gap 
connection to waste.
(K) Filters shall be located so that common walls will not exist between them 
and aerators, mixing, and sedimentation basins or clear wells. This rule is not 
strictly applicable, however, to partitions open to view and readily accessible 
for inspection and repair.
(11) Pipe galleries shall be incorporated into the plant design with ample 
working room, good lighting, and good drainage provided by sloping floors, 
gutters, and sumps. Adequate ventilation to prevent condensation and to provide 
humidity control is also required.
(12) The identification of influent, effluent, waste backwash, and chemical feed 
lines shall be accomplished by use of labels or various colors of paint. Where 
labels are used, they shall be placed along the pipe at no greater than five-
foot intervals. Where colors are used they shall follow the color code 
prescribed following. Color coding must be by solid color or banding. If bands 
are used, they shall be placed along the pipe at no greater than five-foot 
intervals. The color code is as follows.
[graphic]
(13) An adequately equipped laboratory must be available locally where daily 
microbiological and chemical tests can be made on water supplied by all plants 
serving 25,000 persons or more. For plants serving populations of less than 
25,000, the facilities for making microbiological tests may be omitted and the 
required microbiological samples submitted to one of the Texas Department of 
Health's approved laboratories. All surface water treatment plants shall be 
provided with equipment for making at least the following determinations: pH, 
disinfectant residual, alkalinity, turbidity, "Jar" tests, and other tests 
deemed necessary to monitor specific water quality problems or to evaluate 
specific water treatment processes. All surface water treatment plants shall 
provide sampling taps for raw, settled, and filtered water.
(e)  Disinfection.
(1) All waters obtained from surface sources must be disinfected prior to 
storage at a dosage sufficient to produce an adequate residual in the water 
leaving the plant.
(2) All ground water must be disinfected prior to distribution. The point of 
application must be ahead of the water storage tank(s) if storage is provided 
prior to distribution. Permission to use alternate disinfectant application 
points must be obtained in writing from the commission.
(3) All water stored in treated water storage tanks must contain a disinfectant 
residual. Disinfection facilities must be provided for all such locations where 
an adequate disinfectant residual is not maintained from prior treatment.
(4) Disinfection equipment shall be selected and installed so that continuous 
and effective disinfection can be secured under all conditions.
(A) Disinfection equipment shall have a capacity at least 50% greater than the 
highest expected dosage to be applied at any time. It shall be capable of 
satisfactory operation under every prevailing hydraulic condition.
(B) Automatic proportioning of the disinfectant dosage to the flow rate of the 
water being treated shall be provided at larger plants and at all plants where 
the rate of flow varies more than 50% above or below the average flow. Manual 
control shall be permissible only when the rate of flow is relatively constant 
or an attendant is always on hand to promptly make adjustments.
(C) All disinfecting equipment on surface water treatment plants shall include 
at least one standby unit of each capacity for ensuring uninterrupted operation.
(D) Facilities shall be provided for determining the amount of disinfectant used 
daily as well as the amount of disinfectant remaining for use.
(E) When used, solutions of calcium hypochlorite shall be prepared in a separate 
mixing tank and allowed to settle so that only a clear supernatant liquid is 
transferred to the hypochlorinator container.
(F) Provisions shall be made for both pretreatment disinfection and post-
disinfection in all surface water treatment plants. Additional application 
points shall be installed if they are required to adequately control the quality 
of the treated water.
(G) The use of disinfectants other than chlorine will be considered on a case-
by-case basis under the exception guidelines of sec.290.39(h)(2) of this title 
(relating to General Provisions).
(5) A full-face self-contained breathing apparatus or supplied air respirator 
that meets Occupational Safety and Health Administration (OSHA) standards for 
construction and operation, and a small bottle of fresh ammonia solution (or 
approved equal) for testing for chlorine leakage shall be provided and 
accessible outside the chlorinator room when chlorine gas is used.
(6) Housing for gas chlorination equipment and cylinders of chlorine shall be in 
separate buildings or separate rooms with impervious walls or partitions 
separating all mechanical and electrical equipment from the chlorine facilities. 
Housing shall be located above ground level as a measure of safety. Equipment 
and cylinders may be installed on the outside of the buildings when protected 
from adverse weather conditions and vandals.
(7) Adequate ventilation which includes both high level and floor level screened 
vents shall be provided for all enclosures in which gas chlorine is being stored 
or fed. Enclosures containing more than one open 150-pound cylinder of chlorine 
shall also provide forced air ventilation which includes screened and louvered 
floor level and high level vents, a fan which is located at and draws air in 
through the top vent and discharges through the floor vent, and a fan switch 
located outside the enclosure.
(8)  Hypochlorination solution containers and pumps must be housed and locked to 
protect them from adverse weather conditions and vandalism. The solution 
container top must be completely covered to prevent the entrance of dust, 
insects, and other contaminants.
(9) Safety equipment and training programs for all chemicals used in water 
treatment shall meet applicable standards established by the Occupational Safety 
and Health Administration (OSHA) or the Texas Hazard Communications Act, Health 
and Safety Code, Chapter 502.
(f) Special treatment processes. The adjustment of fluoride ion content, special 
treatment for iron and manganese reduction, special methods for taste and odor 
control, demineralization, and other proposals covering other than usual 
treatment will be considered as special projects. All treatment shall be 
accomplished prior to the storage tanks. Permission to use alternate treatment 
points must be obtained in writing from the executive director.
(g)  Sanitary facilities for water works installations. Toilet and handwashing 
facilities provided in accordance with established standards of good public 
health engineering practices shall be available at all installations requiring 
frequent visits by operating personnel.
(h) Permits for waste discharges. Permits for discharging wastes from water 
treatment processes shall be obtained from the commission.
(i) Treatment, chemicals, and media. Effective January 1, 1993, all chemicals 
and any additional or replacement process media used in treatment of water 
supplied by public water systems must conform to American National Standards 
Institute/National Sanitation Foundation (ANSI/NSF) Standard 60 for direct 
additives and ANSI/NSF Standard 61 for indirect additives. Conformance with 
these standards must be obtained by certification of the product by an 
organization accredited by ANSI.
sec.290.43. Water Storage.
(a) Capacity. The minimum clear well, storage tank, and pressure maintenance 
capacity shall be governed by the requirements in sec.290.45 of this title 
(relating to Minimum Water System Capacity Requirements).
(b) Location of clear wells, standpipes, and ground storage and elevated tanks.
(1) No public water supply elevated storage or ground storage tank shall be 
located within 500 feet of any municipal or industrial sewage treatment plant or 
any land which is spray irrigated with treated sewage effluent.
(2) Insofar as possible, clear wells or treated water tanks shall not be located 
under any part of any buildings and, when possible, shall be constructed 
partially or wholly above ground.
(3)  No storage tank or clear well located below ground level is allowed within 
50 feet of a sanitary sewer or septic tank. However, if the sanitary sewers are 
constructed of 150 psi pressure rated pipe with pressure-tested, watertight 
joints as used in water main construction, the minimum separation distance is 10 
feet.
(4) No storage tank or clear well located below ground level is allowed within 
150 feet of a septic tank soil absorption system.
(c)  Design and construction of clear wells, standpipes, ground storage tanks, 
and elevated tanks. All facilities for potable water storage shall be covered 
and designed, fabricated, erected, tested, and disinfected in strict accordance 
with current American Water Works Association (AWWA) standards and shall be 
provided with the minimum number, size, and type of roof vents, manways, drains, 
sample connections, access ladders, overflows, liquid level indicators, and 
other appurtenances as specified in these rules. Bolted tanks shall be designed, 
fabricated, erected, and tested in strict accordance with current AWWA Standard 
D103. The roof of all tanks shall be designed and erected so that no water ponds 
at any point on the roof and, in addition, no area of the roof shall have a 
slope of less than 3/4 inch in 12 inches.
(1) Roof vents shall be gooseneck or roof ventilator and be designed by the 
engineer based on the maximum outflow from the tank. Vents shall be installed in 
strict accordance with current AWWA standards and shall be equipped with 
approved screens to prevent entry of animals, birds, insects, and heavy air 
contaminants. Screens shall be fabricated of corrosion-resistant material and 
shall be 16-mesh or finer. Screens shall be securely clamped in place with 
stainless or galvanized bands or wires and shall be designed to withstand winds 
of not less than tank design criteria (unless specified otherwise by the 
engineer).
(2) All roof openings shall be designed in accordance with current AWWA 
standards. The primarily used roof access opening shall not be less than 30 
inches in diameter. Other roof openings required only for ventilating purposes 
during cleaning, repairing, or painting operations shall be not less than 24 
inches in diameter or as specified by the design engineer. Each access opening 
shall have a raised curbing at least four inches in height with a lockable cover 
that overlaps the curbing at least two inches in a downward direction. Where 
necessary, a gasket shall be used to make a positive seal when the hatch is 
closed. All hatches shall remain locked except during inspections and 
maintenance.
(3)  Overflows shall be designed in strict accordance with current AWWA 
standards and shall terminate with a gravity hinged and weighted cover. The 
cover shall fit tightly with no gap over 1/16 inch. If the overflow terminates 
at any point other than the ground level, it shall be located near enough and at 
a position accessible from a ladder or the balcony for inspection purposes. The 
overflow(s) shall be sized to handle the maximum possible fill rate without 
exceeding the capacity of the overflow(s). The discharge opening of the 
overflow(s) shall be above the surface of the ground and shall not be subject to 
submergence.
(4) All clear wells and water storage tanks shall have a liquid level indicator 
located at the tank site. The indicator can be a float with a moving target, an 
ultrasonic level indicator, or a pressure gauge calibrated in feet of water. If 
an elevated tank or standpipe has a float with moving target indicator, it must 
also have a pressure indicator located at ground level. Pressure gauges must not 
be less than three inches in diameter and calibrated at not more than two-foot 
intervals. Remote reading gauges at the owner's treatment plant or pumping 
station will not eliminate the requirement for a gauge at the tank site unless 
the tank is located at the plant or station.
(5) Inlet and outlet connections shall be located so as to prevent short 
circuiting or stagnation of water.
(6) Clear wells and potable water storage tanks shall be thoroughly tight 
against leakage, shall be located above the ground water table, and shall have 
no walls in common with any other plant units containing water in the process of 
treatment. All associated appurtenances including valves, pipes, and fittings 
shall be tight against leakage.
(7)  Each clearwell or potable water storage tank shall be provided with a means 
of preventing the accumulation of silt and deposits at all low points in the 
bottom of the tank. Drains shall not be connected to any waste or sewage 
disposal system and shall be constructed so that they are not a potential agent 
in the contamination of the stored water.
(8) All clear wells, ground storage tanks, standpipes, and elevated tanks shall 
be painted, disinfected, and maintained in strict accordance with current AWWA 
standards. However, no temporary coatings, wax grease coatings, or coating 
materials containing lead will be allowed. No other coatings will be allowed 
which are not approved for use (as a contact surface with potable water) by the 
United States Public Health Service (USPHS), the United States Environmental 
Protection Agency (EPA), National Sanitation Foundation (NSF), or the United 
States Food and Drug Administration (FDA). Effective January 1, 1993, all newly 
installed coatings must conform to ANSI/NSF Standard 61 and must be certified by 
an organization accredited by ANSI.
(9) No tanks or containers shall be used to store potable water that have 
previously been used for any non-potable purpose. Where a used tank is proposed 
for use, a letter from the previous owner or owners must be submitted to the 
commission which states the use of the tank.
(10)  Access manways in the riser pipe, shell area, access tube, bowl area, or 
any other location opening directly into the water compartment shall be located 
in strict accordance with current AWWA standards. These openings shall not be 
less than 24 inches in diameter. However, in the case of a riser pipe or access 
tube of 36 inches in diameter or smaller, the access manway may be 18 inches by 
24 inches with the vertical dimension not less than 24 inches. The primary 
access manway in the lower ring or section of a ground storage tank shall be not 
less than 30 inches in diameter. Where necessary, for any access manway which 
allows direct access to the water compartment, a gasket shall be used to make a 
positive seal when the access manway is closed.
(d) Design and construction of pressure (hydropneumatic) tanks. All 
hydropneumatic tanks must be located wholly above grade and must be of steel 
construction with welded seams except as provided in paragraph (8) of this 
subsection.
(1) Metal thickness for pressure tanks shall be sufficient to provide at least a 
minimum of 1/8-inch corrosion allowance and to withstand the highest expected 
working pressures with a four to one factor of safety. Tanks of 1,000 gallon 
capacity or larger must meet the standards of the American Society of Mechanical 
Engineers (ASME) Section VIII, Division 1 Codes and Construction Regulations and 
must have an access port for periodic inspections. An ASME name plate must be 
permanently attached to those tanks. Tanks installed before July 1, 1988, are 
exempt from the ASME coding requirement, but all new installations must meet 
this regulation. Exempt tanks can be relocated within a system but cannot be 
relocated to another system.
(2) All pressure tanks shall be provided with a pressure release device and an 
easily readable pressure gauge.
(3)  Facilities shall be provided for maintaining the air-water-volume at the 
design water level and working pressure. Air injection lines must be equipped 
with filters or other devices to prevent compressor lubricants and other 
contaminants from entering the pressure tank. A device to readily determine air-
water-volume must be provided for all tanks greater than 1,000 gallon capacity. 
Galvanized tanks which are not provided with the necessary fittings and which 
were installed before July 1, 1988, shall be exempt from this requirement.
(4) Protective paint or coating shall be applied to the inside portion of any 
pressure tank. The coating shall be as specified in subsection (c)(8) of this 
section.
(5) No pressure tank that has been used to store any material other than potable 
water may be used in a public water system. A letter from the previous owner or 
owners must be provided as specified in subsection (c)(9) of this section.
(6) Pressure tank installations should be equipped with slow closing valves and 
time delay pump controls to eliminate water hammer and reduce the chance of tank 
failure.
(7) All associated appurtenances including valves, pipes, and fittings connected 
to pressure tanks shall be thoroughly tight against leakage.
(8)  For systems utilizing seamless fiberglass tanks, a maximum of 300 gallons 
of this type tank capacity is allowed.
(9) No more than three pressure tanks can be installed at any one site without 
the prior approval of the executive director.
(e) Facility fencing. All potable water storage tanks and pressure maintenance 
facilities must be enclosed by an intruder resistant fence with lockable gates. 
Pedestal-type elevated storage tanks with lockable doors and without external 
ladders are exempt from this requirement. The gates and doors must be kept 
locked whenever the facility is unattended.
sec.290.44. Water Distribution.
(a) Design and standards. All potable water distribution systems including pump 
stations, mains, and both ground and elevated storage tanks, shall be designed, 
installed, and constructed in accordance with current American Water Works 
Association (AWWA) standards with reference to materials to be used and 
construction procedures to be followed. In the absence of AWWA standards, 
commission review may be based upon the standards of the American Society for 
Testing and Materials (ASTM), commercial, and other recognized standards 
utilized by design engineers.
(1) Effective January 1, 1993, all newly installed pipes and related products 
must conform to American National Standards Institute/National Sanitation 
Foundation (ANSI/NSF) Standard 61 and must be certified by an organization 
accredited by ANSI.
(2) All plastic pipe for use in public water systems must bear the National 
Sanitation Foundation Seal of Approval and have an ASTM design pressure rating 
of at least 150 psi or a standard dimension ratio of 26.
(3) No pipe which has been used for any purpose other than the conveyance of 
drinking water shall be accepted or relocated for use in any public drinking 
water supply.
(4) Water transmission and distribution lines must be installed in accordance 
with the manufacturer's instructions. However, the top of the water line must be 
located below the frost line and in no case shall the top of the water line be 
less than 12 inches below ground surface.
(5) The hydrostatic leakage rate shall not exceed the amount allowed or 
recommended by AWWA formulas.
(b) Lead ban. The following provisions apply to the use of lead in plumbing.
(1) The use of pipes and pipe fittings that contain more than 8.0% lead or 
solders and flux that contains more than 0.2% lead is prohibited in the 
following circumstances:
(A) for installation or repair of any public water supply; and
(B)  for installation or repair of any plumbing in a residential or 
nonresidential facility providing water for human consumption and connected to a 
public drinking water supply system.
(2) This requirement will be waived for lead joints that are necessary for 
repairs to cast iron pipe.
(c) Minimum water line sizes. The following are minimum requirements for 
domestic flows only and do not consider fire flows. These requirements should be 
exceeded when the design engineer deems it necessary. It should be noted that 
the required sizes are based strictly on the number of customers to be served 
and not on the distances between connections or differences in elevation or the 
type of pipe. No new water line under two inches in diameter will be allowed to 
be installed in a public water system distribution system after April 1, 1992.
[graphic]
(d) Minimum pressure requirement. The system must be designed to maintain a 
minimum pressure of 35 psi at all points within the distribution network at flow 
rates of at least 1.5 gallons per minute per connection. When the system is 
intended to provide fire fighting capability, it must also be designed to 
maintain a minimum pressure of 20 psi under combined fire and drinking water 
flow conditions.
(1) Where the topography of the area to be served is such that air locks in the 
lines may occur, air release devices shall be installed in such a manner as to 
preclude the possibility of submergence or possible entrance of contaminants.
(2) When service is to be provided to a multi-story building or to more than one 
pressure plane or when distribution system conditions and demands are such that 
low pressures develop, the method of providing increased pressure shall be by 
means of booster pumps taking suction from storage tanks. If an exception to 
this requirement is desired, the designing engineer must furnish for the 
commission's review all planning material for booster pumps taking suction from 
other than a storage tank. The planning material must contain a full description 
of the supply to the point of suction, maximum demands on this part of the 
system, location of pressure recorders, safety controls, and other pertinent 
information. Where booster pumps are installed to take suction directly from the 
distribution system, a minimum residual pressure of 20 pounds per square inch 
(psi) must be maintained on the suction line at all times. Such installations 
must be equipped with automatic pressure cut-off devices so that the pumping 
units become inoperative at a suction pressure of less than 20 psi. In addition, 
a continuous pressure recording device may be required at a predetermined 
suspected critical pressure point on the suction line in order to record the 
hydraulic conditions in the line at all times. If such a record indicates 
critical minimum pressures (less than 20 psi), adequate storage facilities must 
be installed with the booster pumps taking suction from the storage facility. 
Fire pumps used to maintain pressure on automatic sprinkler systems only for 
fire protection purposes are not considered as in-line booster pumps.
(3) Each community public water system shall provide accurate metering devices 
at each service connection for the accumulation of water usage data. Systems 
where no direct charge is made for the water shall be exempted from this 
requirement.
(4) The system shall be provided with sufficient valves and blowoffs so that 
necessary repairs can be made without undue interruption of service over any 
considerable area and for flushing the system when required. The engineering 
report shall establish criteria for this design.
(5) The system shall be designed to afford effective circulation of water with a 
minimum of dead ends. All dead-end mains shall be provided with acceptable flush 
valves and discharge piping. All dead-end lines less than two inches in diameter 
will not require flush valves if they end at a customer service. Where dead ends 
are necessary as a stage in the growth of the system, they shall be located and 
arranged with a view to ultimately connecting them to provide circulation.
(e) Location of water lines.
(1) When water lines and sanitary sewer lines are installed, they shall be 
installed no closer to each other than nine feet in all directions and parallel 
lines must be installed in separate trenches. Where the nine-foot separation 
distance cannot be achieved, the guidelines in this subsection shall apply. The 
guidelines are also listed in tabular form in the following table.
[graphic]
(A) Where a sanitary sewer line parallels a water line, the sewer line shall be 
constructed of cast iron, ductile idron, or PVC meeting ASTM specifications with 
a pressure rating for both the pipe and joints of 150 psi. The vertical 
separation shall be a minimum of two feet between outside diameters and the 
horizontal separation shall be a minimum of four feet between outside diameters. 
The sewer line shall be located below the water line.
(B)  Where a sanitary sewer line crosses a water line and the sewer line is 
constructed of cast iron, ductile iron, or PVC with a minimum pressure rating of 
150 psi, an absolute minimum distance of six inches between outside diameters 
shall be maintained. In addition, the sewer line shall be located below the 
water line where possible and one length of the sewer pipe must be centered on 
the water line.
(C) Where a sewer line crosses under a water line and the sewer line is 
constructed of ABS truss pipe, similar semi-rigid plastic composite pipe, clay 
pipe, or concrete pipe with gasketed joints, a minimum two-foot separation 
distance shall be maintained. The initial backfill shall be cement stabilized 
sand (two or more bags of cement per cubic yard of sand) for all sections of 
sewer line within nine feet of the water line. This initial backfill shall be 
from one quarter diameter below the centerline of the pipe to one pipe diameter 
(but not less than 12 inches) above the top of the pipe.
(D) Where a sewer line crosses over a water line all portions of the sewer line 
within nine feet of the water line shall be constructed of cast iron, ductile 
iron, or PVC pipe with a pressure rating of at least 150 psi using appropriate 
adapters. In lieu of this procedure, the new conveyance may be encased in a 
joint of 150 psi pressure class pipe at least 18 feet long and two nominal sizes 
larger than the new conveyance. The space around the carrier pipe shall be 
supported at five-foot intervals with spacers or be filled to the spring line 
with washed sand. The encasement pipe should be centered on the crossing and 
both ends sealed with cement grout or manufactured seal.
(E)  The sewer line need not be disturbed where a new water line is to be 
installed parallel to an existing sewer line that shows no evidence of leakage 
and the water line is installed above the sewer line a minimum of two feet 
vertically and four feet horizontally. Should excavation for the water line 
produce evidence that the sewer is leaking, the sewer line must be repaired or 
replaced as described in subparagraphs (A) or (D) of this paragraph.
(F)  The sewer line need not be disturbed where a new water line is to cross 
over (by two feet or more) existing sewer lines showing evidence of leakage. 
Should excavation for the water line produce evidence that the sewer line is 
leaking, then the sewer line must be repaired or replaced as described in 
subparagraphs (C) or (D) of this paragraph.
(2) Unless sanitary sewer manholes and the connecting sewer lines can be made 
watertight and tested for no leakage, they must be installed so as to provide a 
minimum of nine feet of horizontal clearance from an existing or proposed water 
line. Where the nine-foot separation distance cannot be achieved, an encasement 
pipe as described in paragraph (1)(D) of this subsection may be used for the 
water line.
(3) Fire hydrants shall not be installed within nine feet vertically or 
horizontally of any sanitary sewer line regardless of construction.
(4)  No physical connection shall be made between a drinking water supply and a 
sewer line. Any appurtenance shall be designed and constructed so as to prevent 
any possibility of sewage entering the drinking water system.
(5) No sewer line carrying domestic or industrial wastes shall cross suction 
mains to pumping equipment. Water lines shall not be installed closer than 10 
feet to septic tank drainfields. No raw water lines shall be installed within 
five feet of any tile or concrete sanitary sewer.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, 
disinfection procedures, and microbiological sampling as prescribed in AWWA 
standards for disinfecting water mains shall be followed in laying water lines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water 
or sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any 
flowing or intermittent stream or semipermanent body of water such as marsh, 
bay, or estuary. In these cases, the water main shall be installed in a separate 
watertight pipe encasement and valves must be provided on each side of the 
crossing with facilities to allow the underwater portion of the system to be 
isolated and tested to determine that there are no leaks in the underwater line. 
Alternately, and with the executive director's permission, the watertight pipe 
encasement may be omitted.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard 
C651 and then flushed and sampled before being placed in service. Samples shall 
be collected for microbiological analysis to check the effectiveness of the 
disinfection procedure which shall be repeated if contamination persists. A 
minimum of one sample for each 1,000 feet of completed water line will be 
required or at the next available sampling point beyond 1,000 feet as designated 
by the design engineer.
(g) Interconnections.
(1) Each proposal for a direct connection between public drinking water systems 
under separate administrative authority will be considered on an individual 
basis.
(A) Documents covering the responsibility for sanitary control shall accompany 
the submitted planning material.
(B) Each water supply shall be of a safe, potable quality.
(2) Where an interconnection between systems is proposed to provide a second 
source of supply for one or both systems, the system being utilized as a second 
source of supply must be capable of supplying a minimum of 0.35 gallons per 
minute per connection for the total number of connections in the combined 
distribution systems.
(h)  Backflow, siphonage.
(1) No water connection from any public drinking water supply system shall be 
made to any establishment where an actual or potential contamination or system 
hazard exists without an air gap separation between the drinking water supply 
and the source of potential contamination. The containment air gap is sometimes 
impractical and, instead, reliance must be placed on individual "internal" air 
gaps or mechanical backflow prevention devices. Under these conditions, 
additional protection shall be required at the meter in the form of a backflow 
prevention device (in accordance with AWWA Standards C510 and C511, and AWWA 
Manual M14) on those establishments handling substances deleterious or hazardous 
to the public health. The water purveyor need not require backflow protection at 
the water service entrance if an adequate cross-connection control program is in 
effect that includes an annual inspection and testing by a certified backflow 
prevention device tester. It will be the responsibility of the water purveyor to 
ensure that these requirements are met.
(2) No water connection from any public drinking water supply system shall be 
made to any condensing, cooling, or industrial process or any other system of 
nonpotable usage over which the public water supply system officials do not have 
sanitary control, unless the said connection is made in accordance with the 
requirements of paragraph (1) of this subsection. Public water systems may allow 
the use of heat exchangers which return water to the potable supply only after 
obtaining written permission from the executive director. Permission for 
installation of heat exchange units will be granted only after a demonstration 
to the executive director that the installation of heat exchange units will not 
adversely affect public health and will not impair the ability of the water 
supply system to provide adequate water service to all customers. The written 
permission granted may impose specific operational and monitoring requirements 
upon the water supply as deemed necessary by the executive director.
(3) Overhead bulk water dispensing stations must be provided with an air gap 
between the filling outlet hose and the receiving tank to protect against back 
siphonage and cross-contamination.
(4) All backflow prevention devices shall be tested upon installation by a 
backflow prevention device tester as designated by the water purveyor. It is 
recommended that the designated tester be certified by the manufacturer or as 
specified in the water purveyor's regulations. It is strongly recommended that 
all backflow prevention devices be tested annually with their "test and 
maintenance" report forms retained for a minimum of three years.
(5) The use of a backflow prevention device at the service connection shall be 
considered as additional backflow protection and shall not negate the use of 
backflow protection on internal hazards as outlined and enforced by local 
plumbing codes.
(i)  Water hauling. When drinking water is distributed by tank truck or trailer, 
it must be accomplished in the following manner.
(1) Water shall be obtained from an approved source.
(2) The equipment used to haul the water must be approved by the executive 
director and must be constructed as follows.
(A) The tank truck or trailer shall be used for transporting drinking water only 
and shall be labeled "Drinking Water." Tanks which have been used previously for 
purposes other than transporting potable liquids shall not be used for hauling 
drinking water.
(B) The tank shall be watertight and of an approved material which is impervious 
and easily cleaned and disinfected. Any paint or coating and any plastic or 
fiberglass materials used as contact surfaces must be approved by the United 
State Environmental Protection Agency, the United State Food and Drug 
Administration, the United State Public Health Service, or the National 
Sanitation Foundation. Effective January 1, 1993, any newly installed surfaces 
shall conform to ANSI/NSF Standard 61 and must be certified by an organization 
accredited by ANSI.
(C) The tank shall have a manhole and a manhole cover which overlaps the raised 
manhole opening by a minimum of two inches and terminates in a downward 
direction. The cover shall fit firmly on the manhole opening and shall be kept 
locked.
(D)  The tank shall have a vent which is faced downward and located to minimize 
the possibility of drawing contaminants into the stored water. The vent must be 
screened with 16-mesh or finer corrosion resistant material.
(E)  Connections for filling and emptying the tank shall be properly protected 
to prevent the possible entrance of contamination. These openings must be 
provided with caps and keeper chains.
(F) A drain shall be provided which will completely empty the tank for cleaning 
or repairs.
(G) When a pump is used to transfer the water from the tank, the pump shall be 
permanently mounted with a permanent connection to the tank. The discharge side 
of the pump shall be properly protected between uses by a protective cap and 
keeper chain.
(H)  Hoses used for the transfer of drinking water to and from the tank shall be 
used only for that purpose and labeled for drinking water only. The hoses shall 
conform to ANSI/NSF Standard 61 and must be certified by an entity recognized by 
the commission. Hoses and related appurtenances must be cleaned and disinfected 
on a regular basis during prolonged use or before start-up during intermittent 
use. Hoses must be properly stored between uses and must be provided with caps 
and keeper chains or have the ends connected together.
(I) The tank shall be disinfected monthly and at any time that contamination is 
suspected.
(J) At least one sample per month from each tank shall be collected and 
submitted for microbiological analysis to one of the Commission's approved 
laboratories for each month of operation.
(K) A minimum free chlorine residual of 0.5 mg/l or, if chloramines are used as 
the primary disinfectant, a chloramine residual of 1.0 mg/l (measured as total 
chlorine) shall be maintained in the water being hauled. Chlorine or chlorine 
containing compounds may be added on a "batch" basis to maintain the required 
residual.
(L)  Operational records detailing the amount of water hauled, purchases, and 
source of water shall be maintained.
sec.290.45. Minimum Water System Capacity Requirements.
(a)  General provisions. The following requirements are to be used in evaluating 
both the total capacities for public water systems and the capacities at 
individual pump stations and pressure planes. The capacities listed below are 
minimum requirements only. Additional supply, storage, service pumping, and 
pressure maintenance facilities will be required by the commission if a normal 
operating pressure of 35 psi cannot be maintained throughout the system. 
Additional capacities will also be required if the system is unable to maintain 
a minimum pressure of 20 psi during fire fighting, line flushing, and other 
unusual conditions. In all sections governing quantity requirements, total 
storage capacity does not include pressure tank capacity.
(b) Community water systems.
(1) Ground water supply requirements are as follows.
(A) If fewer than 50 connections without ground storage, the system must have 
the following:
(i) a well capacity of 1.5 gallons per minute per connection; and
(ii) a pressure tank capacity of 50 gallons per connection.
(B) If fewer than 50 connections with ground storage, the system must have the 
following:
(i) a well capacity of 0.6 gallon per minute per connection;
(ii) a total storage capacity of 200 gallons per connection;
(iii) a service pump capacity of 2.0 gallons per minute per connection; and
(iv) a pressure tank capacity of 20 gallons per connection.
(C) For 50 to 250 connections, the system must meet the following requirements.
(i) A well capacity of 0.6 gallon per minute per connection must be provided.
(ii)  A total storage capacity of 200 gallons per connection must be provided.
(iii) Each pump station or pressure plane shall have two or more pumps having a 
total capacity of 2.0 gallons per minute per connection. For systems which 
provide an elevated storage capacity of 200 gallons per connection, two service 
pumps with a minimum combined capacity of 0.6 gallons per minute per connection 
are required at each pump station or pressure plane. If only wells and elevated 
storage are provided, service pumps are not required.
(iv) An elevated storage capacity of 100 gallons per connection or a pressure 
tank capacity of 20 gallons per connection must be provided.
(D)  For more than 250 connections, the system must meet the following 
requirements.
(i) Two or more wells having a total capacity of 0.6 gallons per minute per 
connection must be provided. Where an interconnection is provided with another 
acceptable water system capable of supplying at least 0.35 gallons per minute 
for each connection in the combined system under emergency conditions, an 
additional well will not be required as long as the 0.6 gallons per minute per 
connection requirement is met for each system on an individual basis. Each water 
system must still meet the storage and pressure maintenance requirements on an 
individual basis unless the interconnection is permanently open; in this case, 
the systems' capacities will be rated as though a single system existed.
(ii) A total storage capacity of 200 gallons per connection must be provided.
(iii) Each pump station or pressure plane shall have two or more pumps that have 
a total capacity of 2.0 gallons per minute per connection or that have a total 
capacity of at least 1,000 gallons per minute and the ability to meet peak 
hourly demands with the largest pump out of service, whichever is less. For 
systems which provide an elevated storage capacity of 200 gallons per 
connection, two service pumps with a minimum combined capacity of 0.6 gallons 
per minute per connection are required at each pump station or pressure plane. 
If only wells and elevated storage are provided, service pumps are not required.
(iv) An elevated storage capacity of 100 gallons per connection or a pressure 
tank capacity of 20 gallons per connection must be provided. If pressure tanks 
are used, a maximum capacity of 30,000 gallons is required. An elevated storage 
capacity of 100 gallons per connection is required for systems with more than 
2,500 connections. Systems with more than 50,000 connections which utilize 
multiple production plants may, with the executive director's approval, 
substitute additional ground storage capacity, service pumping capacity, and 
auxiliary power for elevated storage in excess of five million gallons. Pressure 
tank installations are not recommended for systems serving between 1,000 and 
2,500 connections and serious consideration should be given to the provision of 
elevated storage.
(v) Auxiliary power is required for systems which serve more than 250 
connections and do not meet the elevated storage requirement. Sufficient 
auxiliary power must be provided to deliver a minimum of 0.35 gallons per minute 
per connection to the distribution system in the event of the loss of normal 
power supply. Alternately, an emergency interconnection can be provided with 
another public water system that has auxiliary power and is able to supply at 
connection in the combined system.
(E) Mobile home parks with a density of eight or more units per acre and 
apartment complexes which supply fewer than 100 connections without ground 
storage must have the following:
(i) a well capacity of 1.0 gallon per minute per connection; and
(ii) a pressure tank capacity of 50 gallons per connection with a maximum of 
2,500 gallons required.
(F)  Mobile home parks and apartment complexes which supply 100 or more 
connections, or fewer than 100 connections and utilize ground storage must meet 
the following requirements.
(i) A well capacity of 0.6 gallons per minute per connection must be provided. 
Systems with 250 or more connections must have either two wells or an approved 
interconnection which is capable of supplying at least 0.35 gallons per minute 
for each connection in the combined system.
(ii) A total storage of 200 gallons per connection must be provided.
(iii) A service pump capacity of 2.0 gallons per minute per connection must be 
provided. Systems with 250 or more connections must have two or more service 
pumps with a combined capacity of at least 2.0 gallons per minute per 
connection.
(iv) A pressure tank capacity of 20 gallons per connection must be provided.
(2) All surface water supplies must provide the following:
(A) a raw water pump capacity of 0.6 gallon per minute per connection with the 
largest pump out of service;
(B) a treatment plant capacity of 0.6 gallon per minute per connection under 
normal rated design flow;
(C) transfer pumps (where applicable) with a capacity of 0.6 gallon per minute 
per connection with the largest pump out of service;
(D) a covered clearwell storage capacity at the treatment plant of 50 gallons 
per connection or, for systems serving more than 250 connections, 5.0% of daily 
plant capacity;
(E) a total storage capacity of 200 gallons per connection;
(F) a service pump capacity that provides each pump station or pressure plane 
with two or more pumps that have a total capacity of 2.0 gallons per minute per 
connection or that have a total capacity of at least 1,000 gallons per minute 
and the ability to meet peak hourly demands with the largest pump out of 
service, whichever is less. For systems which provide an elevated storage 
capacity of 200 gallons per connection, two service pumps with a minimum 
combined capacity of 0.6 gallons per minute per connection are required at each 
pump station or pressure plane.
(G)  an elevated storage capacity of 100 gallons per connection or a pressure 
tank capacity of 20 gallons per connection. If pressure tanks are used, a 
maximum capacity of 30,000 gallons is required. An elevated storage capacity of 
100 gallons per connection is required for systems with more than 2,500 
connections. Systems with more than 50,000 connections which utilize multiple 
production plants may, with the executive director's approval, substitute 
additional ground storage capacity, service pumping capacity, and auxiliary 
power for elevated storage in excess of five million gallons. Pressure tank 
installations are not recommended for systems serving between 1,000 and 2,500 
connections and serious consideration should be given to the provision of 
elevated storage;
(H) auxiliary power is required for systems which serve more than 250 
connections and do not meet the elevated storage requirement. Sufficient 
auxiliary power must provided to deliver a minimum of 0.35 gallons per minute 
per connection to the distribution system in the event of the loss of normal 
power supply. Alternately, an emergency interconnection can be provided with 
another public water system that has auxiliary power and is able to supply at 
least 0.35 gallons per minute for each connection in the combined system.
(c) Noncommunity water systems serving transient accommodation units. The 
following water quantity requirements apply to noncommunity water systems 
serving accommodation units such as hotel rooms, motel rooms, travel trailer 
spaces, campsites, and similar accommodations.
(1) Ground water supply requirements are as follows.
(A) If fewer than 100 accommodation units without ground storage, the system 
must have the following:
(i) a well capacity of 1.0 gallon per minute per unit; and
(ii) a pressure tank capacity of 10 gallons per unit with a minimum of 220 
gallons.
(B) For systems serving fewer than 100 accommodation units with ground storage 
or serving 100 or more accommodation units, the system must have the following:
(i) a well capacity of 0.6 gallons per minute per unit;
(ii) a ground storage capacity of 35 gallons per unit;
(iii)  two or more service pumps which have a total capacity of 1.0 gallon per 
minute per unit; and
(iv) a pressure tank capacity of 10 gallons per unit.
(2) All surface water supplies, regardless of size, must have the following:
(A) a raw water pump capacity of 0.6 gallons per minute per unit with the 
largest pump out of service;
(B) a treatment plant capacity of 0.6 gallons per minute per unit;
(C) a transfer pump capacity (where applicable) of 0.6 gallons per minute per 
unit with the largest pump out of service;
(D) a ground storage capacity of 35 gallons per unit with a minimum of 1,000 
gallons as clearwell capacity;
(E) two or more service pumps with a total capacity of 1.0 gallon per minute per 
unit; and
(F) a pressure tank capacity of 10 gallons per unit with a minimum requirement 
of 220 gallons.
(d) Noncommunity water systems serving other than transient accommodation units.
(1) The following table is applicable to paragraphs (2) and (3) of this 
subsection and shall be used to determine the maximum daily demand for the 
various types of facilities listed. It should be noted that this table is used 
to determine minimum capacities only and that the overriding criteria will be 
the ability of the system to maintain a minimum pressure of 35 psi under normal 
operating conditions. Minimum distribution pressure shall not be less than 20 
psi at any time.
[graphic]
(2) Ground water supply requirements are as follows.
(A) If fewer than 300 persons per day are served, the system must have the 
following:
(i) a well capacity which can supply the maximum daily demand of the system 
during the hours of operation; and
(ii) a minimum pressure tank capacity of 220 gallons with additional capacity, 
if necessary, based on a sanitary survey conducted by the commission.
(B) If 300 or more persons per day are served, the system must have the 
following:
(i) a well capacity which can supply the maximum daily demand;
(ii) a ground storage capacity which is equal to 50% of the maximum daily 
demand;
(iii) a service pump capacity of at least three times the maximum daily demand; 
and
(iv) a minimum pressure tank capacity of 220 gallons with additional capacity, 
if necessary, based on a sanitary survey conducted by the commission.
(3) Each surface water supply, regardless of size, shall meet the following 
requirements:
(A)  a raw water pump capacity which can meet the maximum daily demand of the 
system with the largest pump out of service;
(B) a treatment plant capacity which can meet the system's maximum daily demand;
(C) a transfer pump capacity (where applicable) sufficient to meet the maximum 
daily demand with the largest pump out of service;
(D) a clearwell capacity which is equal to 50% of the maximum daily demand;
(E) two or more service pumps with a total capacity of three times the maximum 
daily demand; and
(F) a minimum pressure tank capacity of 220 gallons with additional capacity, if 
necessary, based on a sanitary survey conducted by the commission.
(e) Water wholesalers. The following additional requirements apply to systems 
which supply wholesale treated water to other public water supplies.
(1) All wholesalers must provide enough production, treatment, and service 
pumping capacity to meet or exceed the combined maximum daily commitments 
specified in their various contractual obligations.
(2)  Auxiliary power is required so that water can be provided to each wholesale 
customer. At least 20% of the wholesaler's total service pump capacity must be 
provided with an auxiliary power supply for use during loss of the normal power 
supply. This requirement shall apply individually to each pumping facility which 
is required for the provision of service to all customers.
(3) For systems supplying both retail and wholesale connections, the 
commission's requirements for the system's wholesale connections are in addition 
to the commission's requirements for the system's retail connections.
(f)  Purchased water systems. The following requirements apply only to systems 
which purchase treated water to meet all or part of their production, storage, 
service pump, or pressure maintenance capacity requirements.
(1) The contract shall authorize the purchase of enough water to meet the 
monthly or annual needs of the purchaser.
(2) The contract shall also establish the maximum rate at which water may be 
drafted on a daily and hourly basis. In the absence of specific maximum daily or 
maximum hourly rates in the contract, a uniform purchase rate for the contract 
period will be used.
(3) The maximum authorized daily purchase rate specified in the contract plus 
the actual production capacity of the system shall be at least 0.6 gallons per 
minute per connection.
(4) For systems which purchase water under direct pressure, the maximum hourly 
purchase authorized by the contract plus the actual service pump capacity of the 
system must be at least 2.0 gallons per minute per connection or provide at 
least 1,000 gallons per minute and be able to meet peak hourly demands, 
whichever is less.
(5) All other minimum capacity requirements specified in this section shall 
apply.
sec.290.46. Minimum Acceptable Operating Practices for Public Drinking Water 
Systems.
(a) General. When a public drinking water supply system is to be established, 
plans shall be submitted to the executive director for review and approval prior 
to the construction of the system. All public water systems are to be 
constructed in conformance with these sections and maintained and operated in 
accordance with the following minimum acceptable operating practices. Owners and 
operators shall allow entry to members of the commission and employees and 
agents of the commission onto any public or private property at any reasonable 
time for the purpose of inspecting and investigating conditions relating to 
public water systems in the state. Members, employees, or agents acting under 
this authority shall observe the establishment's rules and regulations 
concerning safety, internal security, and fire protection, and if the property 
has management in residence, shall notify management or the person then in 
charge of his presence and shall exhibit proper credentials.
(b)  Microbiological. Submission of samples for microbiological analysis shall 
be as required by sec.sec.290.1-290.19 of this title (relating to Drinking Water 
Standards Governing Drinking Water Quality and Reporting Requirements for Public 
Water Supply Systems). Special samples may be required by the commission for 
monitoring purposes in addition to the routine samples required by the drinking 
water standards. These samples shall be submitted to the Texas Department of 
Health or one of its approved laboratories. (A list of the approved laboratories 
can be obtained by contacting the commission.)
(c) Chemical. Samples for chemical analysis shall be submitted as directed by 
personnel from the commission's Water Utilities Division or it district offices.
(d)  Monthly operation reports. A monthly report of water works operation must 
be compiled. The report shall show the amounts of various chemicals, daily 
distribution system pumpages, dates of dead-end main flushes, cleanings of 
storage tanks, results of microbiological and chemical tests performed, and 
other pertinent data. Systems using surface water sources must also report raw 
and treated water analyses and daily turbidity analyses. A copy must be kept on 
file for review and made available during inspections.
(1) A copy of the monthly report must be submitted to the Texas Water 
Commission, Water Utilities Division, P.O. Box 13087, Austin, Texas 78711-3087 
by the 15th day of the following month. The copy submitted to the commission 
must contain all the information required by the drinking water standards and 
the results of any special monitoring tests which have been required.
(2) Systems serving fewer than 100 connections which utilize ground water 
sources or purchase treated water only are not required to compile monthly 
reports.
(e)  Operation by certified personnel. All systems which charge, either directly 
or indirectly, for drinking water and all systems utilizing surface water must 
be under the direct supervision of a certified water works operator. The 
operator shall ensure that the water system complies with the requirements of 
this section.
(1) No district, municipality, firm, corporation, or individual shall furnish to 
the public any drinking water for which any charge is made, unless the 
production, processing, treatment, and distribution is at all times under the 
direct daily supervision of a competent water works operator holding a valid 
certificate of competency issued under the direction of the commission. A Grade 
"D" certificate is valid for systems with 250 or fewer connections. Systems 
serving in excess of 250 connections must employ an operator with a Grade "C" or 
higher certificate. Systems serving in excess of 1, 000 connections must employ 
at least two Grade "C" certified operators.
(2)  Each surface water treatment plant must have at least a Grade "C" surface 
water operator on duty when the plant is in operation or be provided with 
continuous turbidity and disinfectant residual monitors with automatic plant 
shutdown and alarms to summon operators so as to ensure that the water produced 
continues to meet the commission's drinking water standards during periods in 
which the plant is unattended.
(f) Disinfectant residual and monitoring. Facilities shall be provided to 
maintain an adequate disinfectant residual throughout the distribution system 
and equipment shall be available for monitoring the concentration of the 
disinfectant.
(1) Mechanical disinfection facilities capable of maintaining an acceptable 
disinfectant residual shall be provided for all public water supplies. At all 
times, the disinfection equipment shall be operated to maintain the following 
minimum disinfectant residuals in the far reaches of the distribution system:
(A)  a free chlorine residual of 0.2 mg/1; or
(B) a chloramine residual of 0.5 mg/1 (measured as total chlorine) for those 
systems that feed ammonia.
(2) The disinfectant residual in the distribution system must be tested 
periodically using a test kit which employs a diethyl-p-phenylenediamine (DPD) 
indicator. The record of these test results shall be maintained for at least 
three years.
(A) Public water systems must conduct daily disinfectant residual tests at 
representative locations in the distribution system unless they utilize ground 
water or purchased water sources only or serve fewer than 250 connections or 750 
persons daily.
(B) Systems which utilize ground water or purchased water sources only and those 
which serve fewer than 250 connections or 750 persons daily must test the 
disinfectant residual at representative locations in the distribution system at 
least once every seven days.
(C) Systems which utilize surface water or ground water under the influence of 
surface water must monitor the disinfectant residual of the water entering the 
distribution system in accordance with the requirements of the drinking water 
standards.
(g) Disinfection of new or repaired facilities. Disinfection by or under the 
direction of water system personnel must be performed when repairs are made to 
existing facilities and before new facilities are placed into service. 
Disinfection must be performed in accordance with AWWA requirements and water 
samples must be submitted to a laboratory approved by the Texas Department of 
Health. The sample results must indicate that the facility is free of 
microbiological contamination before it is placed into service.
(h) Calcium hypochlorite. A supply of calcium hypochlorite disinfectant shall be 
kept on hand for use when making repairs, setting meters, and disinfecting new 
mains prior to placing them in service.
(i) Plumbing ordinance. Public water systems must adopt an adequate plumbing 
ordinance, regulations, or service agreement with provisions for proper 
enforcement to insure that neither cross-connections nor other undesirable 
plumbing practices are permitted. See sec.290.48 of this title (relating to 
Appendix B-Sample Service Agreement). Should sanitary control of the 
distribution system not reside with the purveyor, the entity retaining sanitary 
control shall be responsible for establishing and enforcing adequate regulations 
in this regard. The use of pipes and pipe fittings that contain more than 8.0% 
lead or solders and flux that contain more than 0.2% lead is prohibited for 
installation or repair of any public water supply and for installation or repair 
of any plumbing in a residential or nonresidential facility providing water for 
human consumption and connected to a public drinking water supply system. This 
requirement may be waived for lead joints that are necessary for repairs to cast 
iron pipe.
(j) Cross-connection control. Commission personnel, plumbing inspectors, and 
others shall inspect individual water facilities before providing service and 
periodically thereafter to prevent possible cross- connections between the 
potable (safe) water system and any nonpotable (unsafe) water. Continuous 
efforts shall be made by Water Commission personnel, plumbing inspectors, and 
others to locate possible cross- connections between privately owned water 
systems and the public water system. As these undesirable cross-connections are 
located, they shall be eliminated to prevent possible contamination of the water 
supplied by the public water system.
(k)  Interconnection. No physical connection between the distribution system of 
a public drinking water supply and that of any other water supply shall be 
permitted unless the other water supply is of a safe, sanitary quality and the 
interconnection is approved by the executive director.
(l) Flushing of mains. All dead-end mains must be flushed at monthly intervals 
or more frequently if water quality complaints are received from water 
customers.
(m) Housekeeping and maintenance. A program shall be initiated to facilitate 
cleanliness and to improve the general appearance of all plant facilities.
(n) Distribution system map. The map of the distribution system shall be 
continuously updated so that valves and mains may be easily located during 
emergencies.
(o) Well logs. Copies of well material setting data, geological log, sealing 
information (pressure cementing and surface protection), disinfection 
information, microbiological sample results, and a chemical analysis report of a 
representative sample of water from the well shall be kept on file.
(p) Maintenance requirements for pressure filters and for ground storage, 
elevated storage, and pressure tanks. Each pressure filter and each of the 
system's ground, elevated and pressure tanks shall be inspected annually by 
water system personnel or a contracted inspection service. The results of these 
inspections shall be recorded and maintained for at least five years. The 
results must be available for review by commission staff during inspections.
(1) Ground and elevated storage tank inspections must determine that the vents 
are in place and properly screened, the roof hatches closed and locked, flap 
valves and gasketing provide adequate protection against insects, rodents, and 
other vermin, the interior and exterior coating systems are continuing to 
provide adequate protection to all metal surfaces, and that the tank remains in 
a watertight condition.
(2)  Pressure tank inspection must determine that the pressure release device 
and pressure gauge are working properly, the air-water ratio is being maintained 
at the proper level, the exterior coating systems are continuing to provide 
adequate protection to all metal surfaces, and that the tank remains in a 
watertight condition. Pressure tanks provided with an inspection port must have 
the interior surface inspected every five years.
(3) When pressure filters are used, a visual inspection of the filter media and 
internal filter surfaces shall be conducted annually to ensure that the filter 
media is in good condition and the coating materials continue to provide 
adequate protection to internal surfaces.
(q) Filter backwashing at surface water treatment plants. Filters must be 
backwashed when a loss of head differential of six to 10 feet is experienced 
between the influent and effluent loss of head gauges or as often as necessary 
to maintain acceptable filtered water turbidity levels.
(r) Data on water system ownership and management. The commission shall be 
provided with information regarding water system ownership and management.
(1) When a water system changes ownership, a written notice of the transaction 
must be provided to the commission. When applicable, notification shall be in 
accordance with Chapter 291 of this title (relating to Water Rates and 
Services). Those systems not subject to Chapter 291 of this title shall notify 
the commission of changes in ownership by providing the name of the current and 
prospective owner or responsible official, the proposed date of the transaction, 
and the address and phone number of the new owner or responsible official. The 
information listed previously and the system's public drinking water supply 
identification number, and any other information necessary to properly identify 
the transaction shall be provided to the commission 120 days before the date of 
the transaction.
(2) On an annual basis, each certified operator which supervises more than one 
water system shall provide the executive director written notices containing 
it's certificate number, address, and telephone number, and the name and 
identification number of each public water system which they supervise. Each 
operating company shall provide this information for itself and for each of its 
operators.
(s) Boil water notice. In the event of numerous or prolonged periods of low 
distribution pressures, water outages, repeated unacceptable microbiological 
samples, or failure to maintain adequate chlorine residuals, a boil water notice 
or other protective measures may be required at the discretion of the executive 
director. Once a water system has been notified by the executive director to 
issue a boil water notice, the system must notify its customers within 24 hours 
using specific language and procedures approved by the executive director. Boil 
water notices shall remain in effect until lifted by the executive director. 
Once the notice is lifted, the customers must be notified in a manner similar to 
the original notice. A copy of these notices shall be provided to the executive 
director.
(t) Water leakage. All water storage facilities, distribution system lines, and 
related appurtenances shall be maintained in a watertight condition.
(u) Minimum pressures. All public water systems shall be operated to provide a 
minimum pressure of 35 psi throughout the distribution system under normal 
operating conditions. The system shall also be operated to maintain a minimum 
pressure of 20 psi during emergencies such as fire fighting.
(v) Testing equipment. Testing equipment or some other means of monitoring the 
effectiveness of any chemical treatment processes used by the system must be 
provided.
(w) System ownership. All community water systems shall post a legible sign at 
each of its production, treatment, and storage facilities. The sign shall be 
located in plain view of the public and shall provide the name of the water 
supply and an emergency telephone number where a responsible official contacted.
sec.290.47. Appendix A. Recognition as a Superior Public Water System.
(a) Requirements. Public water supply systems which achieve and maintain 
recognition as a "Superior Public Water System" must exceed the minimum 
acceptable standards of the commission in these sections. To attain this 
recognition, the following additional requirements must be met.
(1)  Physical facilities shall comply with the requirements in these sections.
(2) There shall be a minimum of two certified operators with additional 
operators required for larger systems.
(3) The system's microbiological record for the previous 24 months period shall 
indicate no violations (frequency, number, or MCL) of the drinking water 
standards.
(4) The chemical quality of the water shall comply with all primary and 
secondary constituent levels listed in the drinking water standards.
(5) The system's operation shall comply with applicable state statutes and 
minimum acceptable operating, in sec.290.46 of this title (relating to Minimum 
Acceptable Operating Practices for Public Drinking Water Supplies).
(6) The system's capacities shall meet or exceed minimum water system capacity 
requirements set forth in sec.290.45 of this title (relating to Minimum Water 
System Capacity Requirements).
(7) The system shall have at least two wells, two raw water pumps, or a 
combination of these with enough capacity to provide average daily consumption 
with the largest well or pump out of service. This requirement shall also apply 
to treatment plant pumps necessary for operation in accordance with sec.290.42 
of this title (relating to Water Treatment).
(8) The water system shall be well maintained and the facilities shall present a 
pleasing appearance to the public.
(b) Signs. Systems which have met the requirements for recognition as a superior 
system may erect signs denoting this honor.
(c) Inspections. To receive or maintain recognition as a superior water system, 
the system must be inspected and evaluated by commission personnel as to 
physical facilities, appearance, and operation. Systems which fail to meet or 
exceed the requirements in this section will be denied recognition or will have 
their recognition revoked. The signs shall be immediately removed on notice from 
the executive director.
sec.290.48. Appendix B. Sample Service Agreement.
SERVICE AGREEMENT
I. PURPOSE. The <nl>NAME OF WATER SYSTEM is responsible for protecting the 
drinking water supply from contamination or pollution which could result from 
improper plumbing practices. The purpose of this service agreement is to notify 
each customer of the plumbing restrictions which are in place to provide this 
protection. The utility enforces these restrictions to ensure the public health 
and welfare. Each customer must sign this agreement before the NAME OF WATER 
SYSTEM <ol> will begin service. In addition, when service to an existing 
connection has been suspended or terminated, the water system will not re-
establish service unless it has a signed copy of this agreement.
II. PLUMBING RESTRICTIONS. The following undesirable plumbing practices are 
prohibited by State regulations.
A. No direct connection between the public drinking water supply and a potential 
source of contamination is permitted. Potential sources of contamination shall 
be isolated from the public water system by an air-gap or an appropriate 
backflow prevention device.
B. No cross-connection between the public drinking water supply and a private 
water system is permitted. These potential threats to the public drinking water 
supply shall be eliminated at the service connection by the installation of an 
air-gap or a reduced pressure-zone backflow prevention device.
C. No connection which allows water to be public drinking water supply is 
permitted.
D. No pipe or pipe fitting which contains more than 8.0% lead may be used for 
the installation or repair of plumbing at any connection which provides water 
for human use.
E. No solder or flux which contains more than 0.2 percent lead can be used for 
the installation or repair of plumbing at any connection which provides water 
for human use.
III. SERVICE AGREEMENT. The following are the terms of the service agreement 
between the <nl>NAME OF WATER SYSTEM<ol> (the Water System) and <nl>NAME OF 
CUSTOMER<ol> (the Customer).
A. The Water System will maintain a copy of this agreement as long as the 
Customer and/or the premises is connected to the Water System.
B. The Customer shall allow his property to be inspected for possible cross-
connections and other undesirable plumbing practices. These inspections shall be 
conducted by the Water System or its designated agent prior to initiating 
service and periodically thereafter. The inspections shall be conducted during 
the Water System's normal business hours.
C. The Water System shall notify the Customer in writing of any cross-connection 
or other undesirable plumbing practice which has been identified during the 
initial inspection or the periodic reinspection.
D. The Customer shall immediately correct any undesirable plumbing practice on 
his premises.
E. The Customer shall, at his expense, properly install, test, and maintain any 
backflow prevention device required by the Water System. Copies of all testing 
and maintenance records shall be provided to the Water System.
IV. ENFORCEMENT. If the Customer fails to comply with the terms of the Service 
Agreement, the Water System shall, at its option either terminate service or 
properly install, test, and maintain an appropriate backflow prevention device 
at the service connection. Any expenses associated with the enforcement of this 
agreement shall be billed to the Customer.
CUSTOMER'S SIGNATURE:_________________
DATE:__________________
 sec.290.49. Appendix C. Sample Sanitary Control Easement Document for a Public 
Water Well.
THE STATE OF TEXAS
COUNTY OF______________
KNOW ALL MEN BY THESE PRESENTS:
That_____________________________________________being the owners of Lot____and 
Lot____of the____________________________survey, in__________County, Texas, as 
shown on the map or plat recorded in Vol._____, page_____of the Deed Records 
of_______________County, Texas, do hereby declare such property bound by the 
hereinafter set out restrictions and covenants and agree that said purchasers 
and subsequent owners of said lots or parts thereof shall comply with same. 
These covenants are to run with the land and shall be binding on all parties and 
all persons claiming under them for two years from the date that these covenants 
are recorded, after which time said covenants shall be automatically extended 
until the use of this water well as a source of water for a public water system 
ceases.
Enforcement shall be by proceedings at law or in equity against any person or 
persons violating or attempting to violate any covenant either to restrain 
violation or to recover damages.
Invalidation of any one of these covenants by judgment or court order shall not 
in any way affect any of the other provisions which shall remain in full force 
and effect.
Such restrictions are as follows, to wit:
1. Sanitation control upon all of that area of land of said Lot____and 
Lot_____as is included within a 150 foot radius of a proposed deep water well 
located________feet at a radial of_____degrees from the_______corner of said 
Lot(s)____and specifically prohibiting the construction and/or operation of 
underground petrochemical storage tanks, stock pens, feed lots, dump grounds, 
privies, cesspools, septic tank drainfields, drilling of improperly constructed 
water wells of any depth and all other construction or operation that could 
create an insanitary condition within, upon or across the above described tract 
of land;
2. Tile or concrete sanitary sewers, sewer appurtenances, septic tanks and storm 
sewers are specifically prohibited within a 50 foot radius of the deep water 
well described and located above.
3. This sanitation control permits the construction of homes or buildings upon 
same, provided, however, that all underground petrochemical storage tanks, stock 
pens, feed lots, privies, tile or concrete sanitation sewers, cesspools, septic 
tanks, storm sewers, septic tank drainfields, drilling of improperly constructed 
wells of any depth and other construction and/or operations that could create an 
insanitary condition within, upon or across same are specifically prohibited 
within the designated distances.
4. Normal farming and ranching operations are permitted except that livestock 
shall not be allowed within 50 feet of the proposed well.
IN WITNESS WHEREOF the said owners have executed this instrument this____day 
of____________19__.
THE STATE OF TEXAS
COUNTY OF_______
BEFORE ME, the undersigned authority, on this day personally 
appeared_____________________________known to me to be the person(s) whose 
name(s) are subscribed to the foregoing instrument and acknowledged to me that 
they (he/she) executed the same for the purpose and consideration therein 
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the____day of____________________ 
19__.
___________________________
Notary Public in and for
________________County, Texas Recorded 
at______________________________Courthouse,_____________Texas 
on____________________19__.
Issued in Austin, Texas on April 2, 1992.
TRD-9204535
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: April 2, 1992
Expiration date: April 23, 1992
For further information, please call: (512) 463-8069