No significant fiscal implications are anticipated for the commission as a result of administration or enforcement of the proposed amendments as there are likely to be no new activities within the agency as a result of the proposal. However, one area of state government that will be affected by the proposed amendments is the Texas Parks and Wildlife Department, having 11 surface water treatment facilities.

One-time costs

Eight of these facilities will have to install additional turbidimeters and data recorders. It is estimated that ten turbidimeters will be required by state rules while 11 will result from the federal rules. The capital cost for these systems consist of turbidimeters and data recorders, with these costs ranging from $33,000 to $43,000.

Ongoing costs

The ongoing and maintenance costs to state government consist of the various filter reporting requirements and actions and the cost of calibrating the turbidimeters, and range from $189,000 to $395,000 for the first five years the proposed amendments are in effect. The bulk of these costs pertains to the monthly filter reporting requirements. The cost to calibrate well meters is estimated to range from $3,000 to $4,000. The estimated cost to document part-time operator hours ranges from $900 to $1,200 for the first five years the proposed amendments are in effect.

If the Texas Parks and Wildlife Department takes advantage of the operational offsets and efficiencies the proposed amendments make available, the cost to implement the federal Long Term 1 Enhanced Surface Water Treatment Rule ranges from a savings of $180,000 to a cost of $30,000. This calculation is unique in that the cost savings occurs at the higher end of the estimated costs. The savings at the high end of the range is attributable to the greater salary differential between the Class B and Class C operator used to estimate the cost savings for the upper range. The high range yielded a large enough cost savings to offset the capital costs for state government. The offsets to costs are attributable only to the state rules allowing systems to hire Class C operators.

Figure 2: 30 TAC Chapter 290--Preamble

FILTER BACKWASH RECYCLING RULE

One-time costs

One-time estimated costs to state government for implementing the federal Filter Backwash Recycling Rule range from $384 to $2,304. It is estimated that the proposed amendments would result in no systems relocating their recycling points. However, it is estimated that one system will request the commission to approve an alternate recycling point at a cost from $400 to $2,000. These costs are allocated one-half to the state and the other half to the federal rules as there is equal likelihood that either rule would be the impetus for the change.

Ongoing Costs

Operational costs for state government consist of the monthly recycling report ranging from $7,000 to $41,000.

Lead and Copper Rule Minor Revisions

There is no allowance for reduction of lead and copper monitoring attributed to the Texas Parks and Wildlife Department. These systems are currently exempt from these monitoring requirements as they are non-transient, non-community systems.

COSTS TO WATER SUPPLY CORPORATIONS

Long Term 1 Surface Water Treatment Rule

One-time costs

Water supply corporations are included in this class, and not businesses as they are non-profit organizations. The capital costs for these systems include state turbidimeters ($29,000 to $36,000) and federal turbidimeters ($88,200 - $107,000) and data recorders ($13,500 - $27,000), which are considered federal.

Ongoing costs

The ongoing and maintenance costs of water supply corporations consist of the various filter reporting requirements and actions and the cost of calibrating the turbidimeters. They range from $715,000 to $1.5 million for the first five years the proposed amendments are in effect. The bulk of these costs pertains to the monthly filter reporting requirements. The cost to calibrate well meters is estimated to range from $19,000 to $25,000. The estimated cost to document part-time operator hours ranges from $21,000 to $28,000 for the first five years the proposed amendments are in effect.

If the water supply corporations take advantage of all the possible operational offsets and efficiencies the proposed amendments make available, the five-year cost to these systems to implement the federal Long Term 1 Enhanced Surface Water Treatment Rule will range from a cost of $487,000 to $436,000. The lower cost at the high end of the range is attributable to the higher salary differential between the Class B and Class C operators used to estimate the cost savings for the upper range. The high range yielded a large enough cost savings to reduce the total costs to the water supply corporations. These offsets to costs pertain to the state rules allowing systems to hire Class C operators, the pH meter offsets, and the Lead and Copper Monitoring Program offset.

Filter Backwash Recycling Rule

One-time costs

It is anticipated that no system will relocate its recycling point and five systems will seek approval for an alternate recycling point. These costs range from $1,900 to $12,000 and are considered both state and federal costs.

Figure 3: 30 TAC Chapter 290--Preamble

Ongoing costs

Operational costs consist of the monthly recycling report ranging from $21,000 to $139,000.

Lead and Copper Rule Minor Revisions

The cost savings due to the proposed amendments is expected to be $7,000 for the first five years the proposed amendments are in effect.

SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT

Adverse fiscal implications are anticipated for small or micro-businesses as a result of implementation of the proposed amendments. Small and micro-businesses affected by the proposed amendments would be those public drinking water systems privately formed for the purpose of making a profit and owned by investors. The commission does not keep data on the number of employees that water utilities employ. Therefore, it was assumed that all 32 investor-owned/private utilities were either small or micro-businesses.

Long Term 1 Surface Water Treatment Rule

One-time costs

The capital and one-time costs for these systems consist of turbidimeters and data recorders. These costs range from $188,000 to $242,000.

Ongoing costs

The ongoing and maintenance costs of private/investor-owned systems consist of the various filter reporting requirements, filter actions, and the cost of calibrating the turbidimeters. They range from $1 million to $2.1 million for the first five years the proposed amendments are in effect. The bulk of these costs pertain to the monthly filter reporting requirements. The cost to calibrate well meters is estimated to range from $46,900 to $63,000. The estimated cost to document part-time operator hours ranges from $2,000 to $2,500 for the first five years the proposed amendments are in effect.

If the investor-owned utilities take advantage of all the possible operational offsets and efficiencies the proposed amendments make available, the five-year cost to these systems ranges from $923,000 to $1.3 million. These offsets to costs pertain to the state rules allowing systems to hire Class C operators, the pH meter offset, and the Lead and Copper Monitoring Program offset.

Filter Backwash Recycling Rule

One-time costs

It is anticipated that one system will relocate its recycling point at a per system cost of $1,000 to $200,000 and four systems will seek approval for an alternate recycling point, at a per system cost of $384 to $2,304. These total costs range from $3,000 to $209,000 and are considered both state and federal costs.

Ongoing costs

Operational costs for investor owned systems consist of the monthly recycling report ranging from $30,000 to $180,000.

Lead and Copper Rule Minor Revisions

The cost savings due to these amendments are expected to be $9,000 for the first five years the proposed amendments are in effect.

Figure 4: 30 TAC Chapter 290--Preamble

LOCAL EMPLOYMENT IMPACT STATEMENT

The commission has reviewed this proposed rulemaking and determined that a local employment impact statement is not required because the proposed amendments do not adversely affect a local economy in a material way for the first five years the proposed amendments are in effect. The proposed amendments would: include provisions that are consistent with federal requirements; make technical corrections to the state rules that are analogous to the federal rules; include requirements for the laboratory areas at surface water treatment facilities; and make minor revisions to specify several existing regulatory requirements regarding the design and operation of public water systems. The proposed amendments are expected to affect most surface water treatment facilities and a few groundwater systems that need to install advanced treatment in order to comply with an MCL or minimum treatment technique requirement.

DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION

The commission reviewed the proposed rulemaking in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that the rulemaking does not meet the definition of a "major environmental rule" as defined in that statute. A "major environmental rule" means a rule, the specific intent of which, is to protect the environment or reduce risks to human health from exposure and that may adversely affect in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Although the proposed amendments to Chapter 290 are intended in part to reduce risks to human health from unsafe drinking water in public water systems, the proposed amendments would not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state. The proposed amendments would protect public health by improving the standards for public drinking water. The proposed amendments would also, while providing an alternative approach to compliance from the federal rules, require public drinking water systems to meet the same regulatory standards set forth in the federal rules. Further, it is not anticipated that the cost of complying with the proposed amendments will be significant with respect to the economy as a whole; therefore, they will not materially affect the economy, a sector of the economy, productivity, competition, or jobs.

Furthermore, the proposed rulemaking does not meet any of the four applicability requirements listed in Texas Government Code, §2001.0225(a). This section only applies to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the agency instead of under a specific state law. This rulemaking does not meet any of these four applicability requirements because this rulemaking: 1) does not exceed any standard set by federal law for treatment of water utilized in public water systems and is proposed to be consistent with federal rules; 2) does not exceed the requirements of state law under Texas Health and Safety Code, Chapter 341, Subchapter C; 3) does not exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement any state and federal program on treatment of water utilized in public water systems, but rather is proposed to be consistent with federal rules in order to allow the state to maintain its authority to implement the federal Safe Drinking Water Act; and 4) is not proposed solely under the general powers of the agency, but rather specifically under Texas Health and Safety Code, §341.031, which allows the commission to adopt and enforce rules to implement the federal Safe Drinking Water Act, as well as the other general powers of the agency.

TAKINGS IMPACT ASSESSMENT

The commission evaluated the proposed amendments to Chapter 290 and performed a preliminary assessment of whether it constitutes takings under Texas Government Code, Chapter 2007. The primary purpose of the proposed amendments is to: 1) require public water systems, where needed, to institute changes to the return of recycle flows to a plant's treatment process that may otherwise compromise microbial control in response to the National Primary Drinking Water Regulations: Filter Backwash Recycling Rule published by the EPA in the June 8, 2001 issue of the Federal Register (66 FR 31086), codified in 40 CFR Parts 9, 141, and 142; 2) improve control of microbial pathogens, specifically the protozoan Cryptosporidium , in drinking water and address risk trade-offs with disinfection byproducts in response to the National Primary Drinking Water Regulations: Long Term 1 Enhanced Surface Water Treatment Rule published by the EPA in the January 14, 2002 issue of the Federal Register (67 FR 1812), codified in 40 CFR Parts 9, 141, and 142; and 3) technically revise state rules to enhance their consistency with minor revisions made by the EPA to the federal National Primary Drinking Water Regulations for Lead and Copper, also known as the federal Lead and Copper Rule Minor Revisions, published by the EPA in the January 12, 2000 issue of the Federal Register (65 FR 1950), codified in 40 CFR Parts 9, 141, and 142; and federal National Primary Drinking Water Regulations: Public Notification Rule published by the EPA in the May 4, 2000 issue of the Federal Register (65 FR 25982), codified in 40 CFR Part 9, et al . The purposes of the other proposed changes are to: 1) specify how the agency implements the minimum capacity requirements for public water systems; 2) provide requirements for laboratories at surface water treatment plants; 3) describe air relief device requirements; 4) revise sanitary control easement, operator certification, security, maintenance, meter calibration, and electrical wiring requirements; 5) revise reporting requirements; 6) add items to "Appendix I, Assessment of Hazard and Selection of Assemblies;" 7) reorganize and modify source water, water treatment, and turbidity requirements; and 8) provide non-substantive revisions, including typographical error and formatting corrections, to conform with Texas Register requirements.

Promulgation and enforcement of the proposed amendments would constitute neither a statutory nor a constitutional taking of private real property. There are no burdens imposed on private real property under this rulemaking because the proposed amendments neither relate to, nor have any impact on the use or enjoyment of private real property, and there would be no reduction in value of property as a result of this rulemaking. The rulemaking requires community water systems to comply with drinking water standards protective of human health and the environment. Furthermore, the proposed rulemaking would make state standards for radionuclides consistent with existing federal standards. The proposed amendments, while providing an alternative approach to compliance from the federal rules, require public drinking water systems to meet the same regulatory standards in federal rules.

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM

The commission has reviewed this rulemaking and found that the proposal is not a rulemaking subject to the Texas Coastal Management Program (CMP) because the rulemaking is neither identified in 31 TAC §505.11, nor will it affect any action or authorization identified in §505.11. Therefore, the proposal is not subject to the CMP.

ANNOUNCEMENT OF HEARING

The commission will hold a public hearing on this proposal in Austin on September 3, 2003 at 2:00 p.m., in Building F, Room 2210, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes before the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

SUBMITTAL OF COMMENTS

Comments may be submitted to Patricia Durón, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., September 8, 2003, and should reference Rule Log Number 2003-013-290-WT. For further information, please contact Ray Austin, Policy and Regulations Division, at (512) 239-6814.

Subchapter D. RULES AND REGULATIONS FOR PUBLIC WATER SYSTEMS

30 TAC §§290.38, 290.39, 290.41 - 290.47

STATUTORY AUTHORITY

These amendments are proposed under Texas Water Code, §5.102, which establishes the commission's general authority necessary to carry out its jurisdiction; §5.103, which establishes the commission's general authority to adopt rules; §5.105, which establishes the commission's authority to set policy by rule; and Texas Health and Safety Code, §341.031, which allows the commission to adopt rules to implement the federal Safe Drinking Water Act, 42 United States Code, §§300f to 300j-26.

The proposed amendments implement Texas Health and Safety Code, §341.031 and §341.0315, which require public water systems to comply with commission rules adopted to ensure the supply of safe drinking water.

§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 chapter is not contained in the following list, its definition shall be as shown in Title 40 Code of Federal Regulations (CFR) §141.2 [ ~~141.2~~ ]. Other technical terms used shall have the meanings or definitions listed in the latest edition of The Drinking Water Dictionary , prepared by the American Water Works Association.

(1)-(16) (No change.)

(17) Drinking water standards--The commission rules covering drinking water standards in Subchapter F of this chapter (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water [ ~~Supply~~ ] Systems).

(18)-(20) (No change.)

(21) Groundwater under the direct influence of surface water--Any water beneath the surface of the ground with:

(A) significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium ; [ , ] or

(B) (No change.)

(22)-(26) (No change.)

(27) Licensed professional engineer [ ~~Professional Engineer~~ ]--An engineer who maintains a current license through the Texas Board of Professional Engineers in accordance with its requirements for professional practice.

(28)-(29) (No change.)

(30) Milligrams per liter (mg/L)-- A [ a ] measure of concentration, equivalent to and replacing parts per million [ ~~(ppm)~~ ] in the case of dilute solutions.

(31)-(39) (No change.)

(40) Plumbing ordinance--A set of rules governing plumbing practices which is at least as stringent and comprehensive as one of the following nationally recognized codes:

(A) the International Plumbing Code ; [ , ] or

(B) (No change.)

(41)-(44) (No change.)

(45) Public drinking water program--Agency staff designated by the executive director to administer the Safe Drinking Water Act and state statutes related to the regulation of public drinking water. Any report required to be submitted in this chapter to the executive director must be submitted to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087.

(46) Public health engineering practices--Requirements in this subchapter [ ~~these sections~~ ] or guidelines promulgated by the executive director.

(47)-(56) (No change.)

§290.39.General Provisions.

(a) Authority for requirements. [ ~~The~~ ] Texas Health and Safety Code (THSC) , Chapter 341, Subchapter C prescribes the duties of the commission relating to the regulation and control of public drinking water systems in the state [ ~~State~~ ]. The statute requires [ ~~These statutes require~~ ] that the commission ensure that public water systems: supply safe drinking water in adequate quantities, are financially stable and technically sound, promote use of regional and area-wide drinking water systems, and review completed plans and specifications and business plans for all contemplated public water systems not exempted by THSC, [ ~~Health and Safety Code~~ ] §341.035(d). The statute [ ~~statutes~~ ] also requires [ ~~require~~ ] the commission be notified of any subsequent material changes, improvements, additions, or alterations in existing systems and, consider compliance history in approving new or modified public water systems.

(b) Reason for this subchapter [ ~~these sections~~ ] and minimum criteria. This subchapter has [ ~~These sections have~~ ] been adopted to ensure regionalization and area-wide options are fully considered, 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 financial, managerial, technical , and operating practices must be specified to ensure that facilities are properly operated to produce and distribute a safe, potable water.

(c) Required actions and approvals prior to construction. A person may not begin construction of a public drinking water supply system unless the executive director determines the following requirements have been satisfied and approves construction of the proposed system.

(1) A person proposing to install a public drinking water system within the extraterritorial jurisdiction of a municipality; or within 1/2-mile [ ~~one-half mile~~ ] of the corporate boundaries of a district, or other political subdivision providing the same service; or within 1/2-mile [ ~~one-half mile~~ ] of a certificated service area boundary of any other water service provider shall provide to the executive director evidence that:

(A)-(B) (No change.)

(2)-(3) (No change.)

(d) Submission of plans.

(1)-(2) (No change.)

(3) The limits of approval are as follows.

(A) (No change.)

(B) The commission's public drinking water program 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 this subchapter [ ~~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 executive director in writing upon completion of all work. Planning materials shall [ ~~should~~ ] be submitted to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 153, P.O. Box 13087, Austin, Texas 78711-3087.

(e) Submission of planning material. In general, the planning material submitted shall conform to the following requirements.

(1) (No change.)

(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) (No change.)

(B) The location of all abandoned or inactive wells within 1/4-mile [ ~~1/4 mile~~ ] of a proposed well site [ ~~wellsite~~ ] shall be shown or reported.

(C)-(D) (No change.)

(3) (No change.)

(4) A copy [ ~~Copies~~ ] of each fully executed sanitary control easement and any other documentation demonstrating compliance with §290.41(c)(1)(F) of this title (relating to Water Sources) shall be provided to the executive director prior to placing the well into service. Each original easement document , if obtained, must be recorded in the deed records at the county courthouse. Section 290.47(c) [ ~~See §290.47(c)~~ ] of this title (relating to Appendices) includes [ ~~for~~ ] a suggested form.

(5) (No change.)

(f) Submission of business plans. The prospective owner of the system or the person responsible for managing and operating the system must submit a business plan to the executive director that demonstrates that the owner or operator of the system has available the financial, managerial, and technical capability to ensure future operation of the system in accordance with applicable laws and rules. The executive director may order the prospective owner or operator to demonstrate financial assurance to operate the system in accordance with applicable laws and rules as specified in Chapter 37, Subchapter O of this title (relating to Financial Assurance for Public Drinking Water Systems and Utilities), or as specified by commission rule, unless the executive director finds that the business plan demonstrates adequate financial capability. A business plan shall include the information and be presented in a format prescribed by the executive director. For community water systems, the business plan shall contain, at a minimum, the following elements:

(1) (No change.)

(2) description of drinking water supply systems within a two-mile [ ~~two mile~~ ] radius of the proposed system, copies of written requests seeking to obtain service from each of those drinking water supply systems, and copies of the responses to the written requests;

(3)-(9) (No change.)

(10) for retail public utilities as defined by Texas Water Code (TWC) , §13.002:

(A)-(B) (No change.)

(11)-(13) (No change.)

(g) Business plans not required. A person is not required to file a business plan if the person:

(1) (No change.)

(2) is a retail public utility as defined by TWC [ ~~Texas Water Code~~ ], §13.002, unless that person is a utility as defined by that section;

(3) (No change.)

(4) is a noncommunity nontransient water system and the person has demonstrated financial assurance under THSC [ ~~Texas Health and Safety Code~~ ], Chapter 361 or 382 or TWC [ ~~Texas Water Code~~ ], Chapter 26.

(h)-(i) (No change.)

(j) Changes in existing systems or supplies. Public water systems shall notify the executive director prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities. Public water systems shall submit plans and specifications for the proposed changes upon request. Changes to an existing disinfection process at a treatment plant that treats surface water or groundwater that is under the direct influence of surface water shall not be instituted without the prior approval of the executive director.

(1) (No change.)

(2) The executive director shall determine whether engineering plans and specifications will be required after reviewing the initial notification regarding the nature and extent of the modifications.

(A) (No change.)

(B) Unless plans and specifications are required by Chapter 293 of this title (relating to Water Districts), the executive director will not require another state agency or a political subdivision to submit planning material on distribution line improvements if the entity has its own internal review staff and complies with all of the following criteria :

(i) the [ ~~The~~ ] internal review staff includes [ ~~must include~~ ] one or more licensed professional engineers that are employed by the political subdivision and must be separate from, and not subject to the review or supervision of, the engineering staff or firm charged with the design of the distribution extension under review ; [ . ]

(ii) a [ A ] licensed professional engineer on the internal review staff determines and certifies in writing that the proposed distribution system changes comply with the requirements of §290.44 of this title (relating to Water Distribution) and will not result in a violation of any provision of §290.45 of this title ; [ . ]

(iii) the [ ~~The~~ ] state agency or political subdivision includes a copy of the written certification described in this subparagraph with the initial notice that is submitted to the executive director.

(3) (No change.)

(k) Planning material acceptance. Planning material for improvements to an existing system which does not meet the requirements of all sections of this subchapter [ ~~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.

(l) Exceptions. Requests for exceptions to one or more of the requirements in this subchapter [ ~~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)-(3) (No change.)

(m) (No change.)

(n) The commission may require the owner or operator of a public drinking water supply system that was constructed without the approval required by (THSC) [ ~~Texas Health and Safety Code~~ ], §341.035, that has a history of noncompliance with (THSC) [ ~~Texas Health and Safety Code~~ ], Chapter 341, Subchapter C or commission rules, or that is subject to a commission enforcement action to take the following action:

(1) provide [ ~~Provide~~ ] the executive director with a business plan that demonstrates that the system has available the financial, managerial, and technical resources adequate to ensure future operation of the system in accordance with applicable laws and rules. The business plan must fulfill all the requirements for a business plan as set forth in subsection (f) of this section ; [ . ]

(2) provide [ ~~Provide~~ ] adequate financial assurance of the ability to operate the system in accordance with applicable laws and rules. The executive director will set the amount of the financial assurance, after the business plan has been reviewed and approved by the executive director ; [ . The amount of the financial assurance will equal the difference between the amount of projected system revenues and the projected cash needs for the period of time prescribed by the executive director. The form of the financial assurance will be as specified in Chapter 37, Subchapter O of this title (relating to Financial Assurance for Public Drinking Water Systems and Utilities), and will be as specified by the executive director. ]

(A) The amount of the financial assurance will equal the difference between the amount of projected system revenues and the projected cash needs for the period of time prescribed by the executive director.

(B) The form of the financial assurance will be as specified in Chapter 37, Subchapter O of this title and will be as specified by the executive director.

(C) If the executive director relies on rate increases or customer surcharges as the form of financial assurance, such funds shall be deposited in an escrow account as specified in Chapter 37, Subchapter O of this title and released only with the approval of the executive director; and

(3) provide copies of as-built engineering drawings and specifications for any public water system production, storage, and pressure maintenance facility that was constructed without the prior approval of the executive director. The as-built materials shall conform to the requirements of subsection (e) of this section and shall identify any modifications needed to bring the facilities into compliance with applicable commission rules. [ If the executive director relies on rate increases or customer surcharges as the form of financial assurance, such funds shall be deposited in an escrow account as specified in Chapter 37, Subchapter O of this title (relating to Financial Assurance for Public Drinking Water Systems and Utilities), and released only with the approval of the executive director. ]

§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 contained in Subchapter F of this chapter (relating to [ ~~the~~ ] Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water [ ~~Supply~~ ] Systems).

(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 pipelines [ ~~pipe lines~~ ] and pumping capacities to treatment plants or distribution systems shall be adequate for such water delivery. Minimum capacities required are specified in §290.45 of this title (relating to Minimum Water System Capacity Requirements).

(1) Groundwater 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 animal pens, solid waste disposal sites or underground petroleum and chemical storage tanks and liquid transmission pipelines, or 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, storm sewer, or cemetery; or which is within 150 feet of a septic tank perforated drainfield, areas irrigated by low dosage, low angle spray on-site sewage facilities, absorption bed, evapotranspiration bed, improperly constructed water well , or underground petroleum and chemical storage tank or liquid transmission pipeline will be acceptable for use as a public drinking water supply. Sanitary or storm sewers constructed of ductile iron or polyvinyl chloride (PVC) [ ~~PVC~~ ] pipe meeting American Water Works Association (AWWA) [ ~~AWWA~~ ] standards, having a minimum working pressure of 150 pounds per square inch (psi) [ ~~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 ten 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)-(D) (No change.)

(E) All known abandoned or inoperative wells (unused wells that have not been plugged) within 1/4-mile [ ~~one quarter mile~~ ] of a proposed well site [ ~~wellsite~~ ] shall be reported to the commission [ ~~Commission~~ ] along with existing or potential pollution hazards. These reports are required for community and nontransient, noncommunity groundwater [ ~~ground water~~ ] sources. Examples of existing or potential pollution hazards which may affect groundwater [ ~~ground water~~ ] quality include, but are not limited to: landfill and dump sites, animal feedlots, military facilities, industrial facilities, wood-treatment facilities, liquid petroleum and petrochemical production, storage, and transmission facilities, Class 1, 2, 3, and 4 injection wells, and pesticide storage and mixing facilities. This information must be submitted prior to construction or as required by the executive director.

(F) A sanitary control easement or sanitary control easements covering land within 150 feet of the well, or executive director approval for a substitute authorized by this subsection, shall be obtained. [ ~~A sanitary control easement covering that portion of the land within 150-feet of the well location shall be secured from all property owners and recorded in the deed records at the county courthouse.~~ ]

(i) The sanitary control easement(s) secured [ ~~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.

(ii) For the purpose of a sanitary control [ ~~this~~ ] easement, an improperly constructed water well is one which fails to meet the surface and subsurface construction standards for public water supply wells. Residential type wells within a sanitary control [ ~~the~~ ] easement must be constructed to public water well standards.

(iii) A copy [ ~~Copies~~ ] of the recorded sanitary control easement(s) [ ~~easements~~ ] shall be included with plans and specifications submitted to the executive director for review.

(iv) With the approval of the executive director, the public water system may submit any of the following as a substitute for obtaining, recording, and submitting a copy of the recorded sanitary control easement(s) covering land within 150 feet of the well: [ ~~political subdivisions which have adopted and enforce equivalent ordinances or land use restrictions may substitute these documents for sanitary control easements.~~ ]

(I) a copy of the recorded deed and map demonstrating that the public water system owns all real property within 150 feet of the well;

(II) a copy of the recorded deed and map demonstrating that the public water system owns a portion of real property within 150 feet of the well, and a copy of the sanitary control easement(s) that the public water system has obtained, recorded, and submitted to the executive director applicable to the remaining portion of real property within 150 feet of the well not owned by the public water system; or

(III) for a political subdivision, a copy of an ordinance or land use restriction adopted and enforced by the political subdivision which provides an equivalent or higher level of sanitary protection to the well as a sanitary control easement.

(v) If the executive director approves a sanitary control easement substitute identified in clause (iv)(I) or (iv)(II) of this subparagraph for a public water system and the public water system conveys the property it owns within 150 feet of the well to another person or persons, the public water system must at that time obtain, record, and submit to the executive director a copy of the recorded sanitary control easement(s) applicable to the conveyed portion of the property within 150 feet of the well, unless the executive director approves a substitute identified in clause (iv) of this subparagraph.

(2) The premises, materials, tools, and drilling equipment shall be maintained so as to minimize contamination of the groundwater [ ~~under ground 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 milligrams per liter (mg/L) [ ~~mg/l~~ ].

(B)-(C) (No change.)

(3) The construction, disinfection, protection, and testing of a well to be used as a public water supply source must meet the following conditions.

(A) Before placing the well into service, a public water system shall furnish 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 legible copy of the recorded deed or deeds for all real property within 150 feet of the well; a legible copy of the sanitary control easement(s) [ ~~Sanitary Control Easement~~ ] or other documentation demonstrating compliance with paragraph (1)(F) of this subsection ; [ ~~and~~ ] an original or legible copy of a United States Geological Survey 7.5-minute topographic quadrangle showing the accurate well location to the executive director ; and a map demonstrating the well location in relation to surrounding property boundaries . All the documents listed in this paragraph must be approved by the executive director before final approval is granted for the use of the well.

(B) (No change.)

(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. The driller shall utilize a pressure cementation method in accordance with the AWWA Standard for Water Wells (A100-97), Appendix C: Section C.3 (Positive Displacement Exterior Method); Section C.4 (Interior Method Without Plug); Section C.5 (Positive Placement, Interior Method, Drillable Plug); and Section C.6 (Placement Through Float Shoe Attached to Bottom of Casing). Cementation methods other than those listed in this subparagraph may be used on a site-specific basis with the prior written approval of the executive director. A cement bonding log, as well as any other documentation deemed necessary, may be required by the executive director to assure complete sealing of the annular space.

(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 [ ~~mg/l~~ ] chlorine solution as it is added to the well cavity.

(E)-(F) (No change.)

(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 a certified 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 certified 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. Additional chemical and microbiological tests may be required after the executive director conducts a vulnerability assessment of the well.

(H) (No change.)

(I) The well site shall be fine graded so that the site is free from depressions, reverse 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 wastewater [ ~~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)-(Q) (No change.)

(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)-(C) (No change.)

(D) With the exception of the fact that the well was constructed using a pitless unit, the well must otherwise meet all of the requirements of paragraph (3) of this subsection. [ ~~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) (No change.)

(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 executive director for review and approval to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 153, P.O. Box 13087, Austin, Texas 78711- 3987.

(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)-(E) (No change.)

(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.

(G) (No change.)

(4) Springs and similar sources must be provided with the appurtenances required by subsection (c)(3)(L) - (Q) [ ~~(c)(3)(M) - (P)~~ ] of this section.

(e) Surface water sources and development.

(1) (No change.)

(2) Intakes shall be located and constructed in a manner which will secure raw water of the best quality available from the source.

(A) (No change.)

(B) Raw water intakes shall not be located within 1,000 feet of boat launching ramps, marinas, docks , or floating fishing piers which are accessible by the public.

(C)-(F) (No change.)

(G) Intakes shall not be located within 500 feet of a sewage treatment plant or lands irrigated with sewage effluent.

(3) The raw water pump station shall be located in a well-drained area and shall be designed to remain in operation during flood events. [ ~~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 with all 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.]~~

(4) An all weather road shall be provided to the raw water pump station.

(5) The raw water pump station and all appurtenances must be installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder-resistant fence with lockable gates.

§290.42.Water Treatment.

(a) Capacity and location . [ ~~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.~~ ]

(1) Based on current acceptable design standards, the total capacity of the public water system's treatment facilities must always be greater than its anticipated maximum daily demand.

(2) 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 unit shall be constructed of ductile iron or polyvinyl chloride (PVC) pipe with a minimum pressure rating of 150 pounds per square inch (psi) and have watertight joints.

(B) Plant site selection shall also take into consideration the need for disposition of all plant wastes in accordance with all applicable regulations and state statutes, including both liquid and solid waste or by-product material from operation and/or maintenance.

(3) Each water treatment plant shall be located at a site that is accessible by an all-weather road.

(b) Groundwater.

(1) (No change.)

(2) Treatment facilities shall be provided for groundwater [ ~~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)-(C) (No change.)

(3)-(6) (No change.)

(7) Air release devices shall be installed in such a manner as to preclude the possibility of submergence or possible entrance of contaminants. In this respect, all openings to the atmosphere shall be covered with 16-mesh or finer corrosion-resistant screening material or an equivalent acceptable to the executive director.

(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 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 shall be designed to achieve at least a 2-log removal of Cryptosporidium oocysts, a 3-log removal or inactivation of Giardia cysts , and a 4-log removal or inactivation of viruses before the water is supplied to any consumer. [ Effective January 1, 2002, the treatment process shall also be designed to provide a 2-log removal of Cryptosporidium oocysts. Treatment facilities constructed after October 1, 2000 shall be designed to achieve at least a 2-log removal of Cryptosporidium oocysts. ] The executive director may require additional levels of treatment in cases of poor source water quality.

(A)-(B) (No change.)

(2)-(5) (No change.)

(6) Return of the decanted water or sludge to the treatment process shall be adequately controlled so that there will be a minimum of interference with the treatment process and shall conform to the applicable requirements of subsection (d)(3) of this section. Beginning July 1, 2004, systems that do not comply with the provisions of subsection (d)(3) of this section commit a treatment technique violation and must notify their customers in accordance with the requirements of §290.122(b) of this title (relating to Public Notice).

(7) Air release devices on treated waterlines shall be installed in such a manner as to preclude the possibility of submergence or possible entrance of contaminants. In this respect, all openings to the atmosphere shall be covered with 16-mesh or finer corrosion-resistant screening material or an equivalent acceptable to the executive director.

(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 shall be designed to achieve at least a 2-log removal of Cryptosporidium oocysts, a 3-log removal or inactivation of Giardia cysts , and a 4-log removal or inactivation of viruses before the water is supplied to any consumer. [ Effective January 1, 2002, the treatment process shall also be designed to achieve at least a 2-log removal of Cryptosporidium oocysts. Treatment facilities constructed after October 1, 2000 shall be designed to achieve at least a 2-log removal of Cryptosporidium oocysts. ] The executive director may require additional levels of treatment in cases of poor source water quality.

(2) All plant piping shall be constructed so as to be thoroughly tight against leakage. 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.

(A)-(C) (No change.)

(D) Filters shall be located so that common walls will not exist between them and aerators, mixing and sedimentation basins or clearwells [ ~~clear wells~~ ]. This rule is not strictly applicable, however, to partitions open to view and readily accessible for inspection and repair.

(E) (No change.)

(F) Air release devices on treated waterlines shall be installed in such a manner as to preclude the possibility of submergence or possible entrance of contaminants. In this respect, all openings to the atmosphere shall be covered with 16-mesh or finer corrosion-resistant screening material or an equivalent acceptable to the executive director.

(3) Return of the decanted water or solids to the treatment process [ ~~sludge to the raw water~~ ] shall be adequately controlled so that there will be a minimum of interference with the treatment process. Beginning July 1, 2004, systems that do not comply with the provisions of this paragraph commit a treatment technique violation and must notify their customers in accordance with the requirements of §290.122(b) of this title. [ Any discharge of wastewater shall be in accordance with all applicable state and federal statutes and regulations including Chapter 305 of this title (relating to Consolidated Permits), Chapter 309 of this title (relating to Domestic Wastewater Effluent Limitation and Plant Siting), and Chapter 319 of this title (relating to General Regulations Incorporated into Permits). ]

(A) Unless the executive director has approved an alternate recycling location, spent backwash water and the liquids from sludge settling lagoons, spent backwash water tanks, sludge thickeners, and similar dewatering facilities shall be returned to the raw waterline upstream of the raw water sample tap and coagulant feed point. The blended recycled liquids shall pass through all of the major unit processes at the plant.

(B) Flow equalization basins, variable speed pumps, or other facilities shall be provided to minimize the magnitude and impact of hydraulic surges that occur during the recycling process.

(C) Solids produced by dewatering facilities such as sludge lagoons, sludge thickeners, centrifuges, mechanical presses, and similar devices shall not be returned to the treatment plant without the prior approval of the executive director.

(4)-(5) (No change.)

(6) Chemical storage facilities shall comply with applicable requirements in subsection (f)(1) of this section. [ ~~be designed to ensure a reliable supply of chemicals to the feeders, minimize the possibility and impact of accidental spills, and facilitate good housekeeping.~~ ]

[ ~~(A)~~ Bulk storage facilities at the plant shall be adequate to store at least 15 days supply of chemicals at design capacity. However, the executive director may require a larger stock of chemicals based on local resupply ability.]

[ ~~(B)~~ Day tanks shall be provided to minimize the possibility of severely overfeeding liquid chemicals. Day tanks will not be required if adequate process control instrumentation and procedures are employed to prevent chemical overfeed incidents.]

[ ~~(C)~~ Every chemical bulk storage facility and day tank shall have a label that identifies the facility's or tank's contents and a device that indicates the amount of chemical remaining in the facility or tank.]

~~[ ~~(D)~~ Dry chemicals shall be stored off the floor in a dry room that is located above ground and protected against flooding or wetting from floors, walls, and ceilings.]~~

~~[ ~~(E)~~ Bulk storage facilities and day tanks must be designed to minimize the possibility of leaks and spills.]~~

~~[ ~~(i)~~ The materials used to construct bulk storage and day tanks must be compatible with the chemicals being stored and resistant to corrosion.]~~

~~[ ~~(ii)~~ Except as provided in this clause, adequate containment facilities shall be provided for all liquid chemical storage tanks.]~~

[ ~~(I)~~ Containment facilities for a single container or for multiple, interconnected containers must be large enough to hold the maximum amount of chemical that can be stored with a minimum freeboard of six vertical inches or to hold 110% of the total volume of the container(s), whichever is less.]

[ ~~(II)~~ Common containment for multiple containers that are not interconnected must be large enough to hold the volume of the largest container with a minimum freeboard of six vertical inches or to hold 110% of the total volume of the container(s), whichever is less.]

~~[ ~~(III)~~ The materials used to construct containment structures must be compatible with the chemicals stored in the tanks.]~~

~~[ ~~(IV)~~ Incompatible chemicals shall not be stored within the same containment structure.]~~

~~[ ~~(V)~~ No containment facilities are required for hypochlorite solution containers that have a capacity of 35 gallons or less.]~~

~~[ ~~(VI)~~ On a site-specific basis, the executive director may approve the use of double-walled tanks in lieu of separate containment facilities.]~~

~~[ ~~(F)~~ Chemical transfer pumps and control systems must be designed to minimize the possibility of leaks and spills.]~~

~~[ ~~(G)~~ Piping, pumps, and valves used for chemical storage and transfer must be compatible with the chemical being fed.]~~

(7) Chemical feed facilities shall comply with the applicable requirements in subsection (f)(2) of this section. [ ~~and metering facilities shall be designed so that chemicals shall be applied in a manner which will maximize reliability, facilitate maintenance, and ensure optimal finished water quality.~~ ]

[ ~~(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)~~ Chemical feed equipment shall be sized to provide proper dosage under all operating conditions.]~~

~~[ ~~(i)~~ Devices designed for determining the chemical feed rate shall be provided for all chemical feeders.]~~

~~[ ~~(ii)~~ The capacity of the chemical feeders shall be such that accurate control of the dosage can be achieved at the full range of feed rates expected to occur at the facility.]~~

~~[ ~~(iii)~~ Chemical feeders shall be provided with tanks for chemical dissolution when applicable.]~~

~~[ ~~(C)~~ Chemical feeders, valves, and piping must be compatible with the chemical being fed.]~~

~~[ ~~(D)~~ Chemical feed systems shall be designed to minimize the possibility of leaks and spills and provide protection against backpressure and siphoning.]~~

~~[ ~~(E)~~ If enclosed feed lines are used, they shall be designed and installed so as to prevent clogging and be easily maintained.]~~

~~[ ~~(F)~~ Dry chemical feeders shall be located in a separate room that is provided with facilities for dust control.]~~

~~[ ~~(G)~~ Coagulant feed systems shall be designed so that coagulants are applied to the water prior to or within the mixing basins or chambers so as to permit their complete mixing with the water.]~~

~~[ ~~(i)~~ Coagulant feed points shall be located downstream of the raw water sampling tap.]~~

~~[ ~~(ii)~~ Coagulants shall be applied continuously during treatment plant operation.]~~

~~[ ~~(H)~~ Chlorine feed units, ammonia feed units, and storage facilities shall be separated by solid, sealed walls.]~~

~~[ ~~(I)~~ Chemical application points shall be provided to achieve acceptable finished water quality, adequate taste and odor control, corrosion control and disinfection.]~~

(8) (No change.)

(9) Flocculation equipment shall be provided.

(A) (No change.)

(B) Flocculation facilities shall be designed to provide adequate time and mixing intensity to produce a settleable floc under varying raw water characteristics and raw water flow rates.

(i) Flocculation facilities for straight-flow and up-flow sedimentation basins shall provide a minimum theoretical detention time of at least 20 minutes when operated at their design capacity. Flocculation facilities constructed prior to October 1, 2000 are exempt from this requirement if the settled water turbidity of each sedimentation basin remains below 10.0 Nephelometric Turbidity Unit (NTU) [ ~~NTU~~ ] and the treatment plant meets with turbidity requirements of §290.111 of this title (relating to Turbidity).

(ii) (No change.)

(C) Coagulated water or water from flocculators shall flow 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 4.0 feet per second in the transfer of water between units.

(10) Clarification facilities shall be provided.

(A)-(B) (No change.)

(i) (No change.)

(ii) When operated at their design capacity, basins for straight-flow or up-flow sedimentation of softened waters shall provide either a theoretical detention time of at least 4.5 hours in the flocculation and sedimentation chambers or a maximum surface overflow rate of 1.0 gallons [ ~~gallon~~ ] per minute per square foot of surface area in the sedimentation chamber.

(iii)-(v) (No change.)

(D) Clarification facilities shall be designed to prevent the accumulation of settled solids.

(i) At treatment plants with a single clarification basin, facilities shall be provided to drain 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 [ ~~electric powered~~ ] pump station shall be provided to dewater the basin. Public water systems with other potable water sources that can meet the system's average daily demand are exempt from this requirement.

(ii) (No change.)

(11) Gravity or pressure type filters shall be provided.

(A)-(B) (No change.)

(i) The filtering material shall conform to American Water Works Association (AWWA) [ ~~AWWA~~ ] standards and be free from clay, dirt, organic matter , and other impurities.

(ii) (No change.)

(iii) The depth of filter sand, anthracite, granular activated carbon, or other filtering materials shall be 24 inches or greater and provide an L/d ratio of at least 1,000.

(I) Rapid sand filters typically contain a minimum of eight inches of fine sand with an effective size of 0.35 to 0.45 millimeter (mm) [ mm ], eight inches of medium sand with an effective size of 0.45 to 0.55 mm, and eight inches of coarse sand with an effective size of 0.55 to 0.65 mm. The uniformity coefficient of each size range should not exceed 1.6.

(II) High-rate dual media filters typically contain a minimum of 12 [ ~~twelve~~ ] inches of sand with an effective size of 0.45 to 0.55 mm and 24 [ ~~twenty-four~~ ] inches of anthracite with an effective size of 0.9 to 1.1 mm. The uniformity coefficient of each material should not exceed 1.6.

(III) High-rate multi-media filters typically contain a minimum of three inches of garnet media with an effective size of 0.2 to 0.3 mm, nine inches of sand with an effective size of 0.5 to 0.6 mm, and 24 [ ~~twenty-four~~ ] inches of anthracite with an effective size of 0.9 to 1.1 mm. The uniformity coefficient of each size range should not exceed 1.6.

(IV) (No change.)

(iv) (No change.)

(D) (No change.)

(E) The filters shall be provided with facilities to monitor the performance of the filter. Monitoring devices shall be designed to provide the ability to measure and record turbidity as required by §290.111 of this title [ ~~(relating to Turbidity)~~ ].

(i) (No change.)

(ii) Beginning January 1, 2005, each filter operated by a public water system that serves fewer than 10,000 people shall be equipped with an on-line turbidimeter and recorder which will allow the operator to measure and record the turbidity at 15-minute intervals. [ ~~Each filter with a capacity of 1.0 million gallons per day or more shall be equipped with an on-line turbidimeter.~~ ]

(iii) Each filter operated by a public water system that serves at least 10,000 people shall be equipped with an on-line turbidimeter and recorder which will allow the operator to measure and record [ ~~determine~~ ] the turbidity at 15-minute intervals.

(iv) (No change.)

(v) Each filter unit that is not equipped with an on-line turbidimeter and recorder 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.

(F) Filters shall be designed to ensure adequate cleaning during the backwash cycle.

(i)-(ii) (No change.)

(iii) The rate of flow of backwash water shall not be less than 20 inches vertical rise per minute (12.5 gallons per minute per square foot [ ~~gpm/sq. ft.~~ ]) and usually not more than 35 inches vertical rise per minute (21.8 gallons per minute per square foot [ ~~gpm/sq. ft.~~ ]).

(iv)-(vii) (No change.)

(G) (No change.)

(12) Pipe galleries shall provide ample working room, good lighting , and good drainage provided by sloping floors, gutters , and [ ad ] sumps. Adequate ventilation to prevent condensation and to provide humidity control is also required.

(13) The identification of influent, effluent, waste backwash, and chemical feed lines shall be accomplished by the 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 [ ~~five foot~~ ] intervals. 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 [ ~~five foot~~ ] intervals.

(A)-(C) (No change.)

(14) (No change.)

(15) An adequately equipped laboratory shall be available locally so that daily microbiological and chemical tests can be conducted.

(A) For plants serving 25,000 persons or more, the local laboratory used to conduct the required daily microbiological analyses must be certified by the executive director [ ~~Texas Department of Health~~ ] to conduct coliform analyses.

(B) For plants serving populations of less than 25,000, the facilities for making microbiological tests may be omitted if the required microbiological samples can be submitted to a laboratory certified by the executive director [ ~~one of the Texas Department of Health's certified laboratories~~ ] on a timely basis.

(C)-(F) (No change.)

(G) Plant laboratories must be designed, constructed, equipped, operated, and maintained in a manner that will ensure laboratory personnel can properly conduct various process control tests and produce accurate data and reports on a timely basis. [ Effective January 1, 2002, each surface water treatment plant shall be provided with a computer and software for recording performance data, maintaining records and submitting reports to the executive director. ]

(16) Each surface water treatment plant shall be provided with a computer and software for recording performance data, maintaining records, and submitting reports to the executive director.

(e) Disinfection.

(1)-(2) (No change.)

(3) Disinfection equipment shall be selected and installed so that continuous and effective disinfection can be secured under all conditions.

(A)-(B) (No change.)

(C) All disinfecting equipment in surface water treatment plants shall include at least one functional standby unit of each capacity for ensuring uninterrupted operation. Common standby units are permissible[ , ] but, generally, more than one standby unit must be provided because of the differences in feed rates or the physical state in which the disinfectants are being fed (solid, liquid, or gas).

(D)-(G) (No change.)

(4) Systems that use chlorine gas must ensure that the risks associated with its use are limited as follows . [ : ]

(A)-(C) (No change.)

(5) (No change.)

(6) Where anhydrous ammonia feed equipment is utilized, it must be housed in a separate enclosure equipped with both high and low level ventilation to the outside atmosphere. The enclosure must be provided with 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 floor vent and discharges through the top vent; and a fan switch located outside the enclosure. Alternately, systems may install negative pressure ventilation as long as the facilities also have gas containment and treatment as prescribed by the current UFC [ ~~Uniform Fire Code (UFC)~~ ].

(f) Surface water treatment plant chemical storage and feed facilities.

(1) Chemical storage facilities shall be designed to ensure a reliable supply of chemicals to the feeders, minimize the possibility and impact of accidental spills, and facilitate good housekeeping.

(A) Bulk storage facilities at the plant shall be adequate to store at least a 15-day supply of all chemicals needed to comply with minimum treatment technique and maximum contaminant level (MCL) requirements. The capacity of these bulk storage facilities shall be based on the design capacity of the treatment plant. However, the executive director may require a larger stock of chemicals based on local resupply ability.

(B) Day tanks shall be provided to minimize the possibility of severely overfeeding liquid chemicals. Day tanks will not be required if adequate process control instrumentation and procedures are employed to prevent chemical overfeed incidents.

(C) Every chemical bulk storage facility and day tank shall have a label that identifies the facility's or tank's contents and a device that indicates the amount of chemical remaining in the facility or tank.

(D) Dry chemicals shall be stored off the floor in a dry room that is located above ground and protected against flooding or wetting from floors, walls, and ceilings.

(E) Bulk storage facilities and day tanks must be designed to minimize the possibility of leaks and spills.

(i) The materials used to construct bulk storage and day tanks must be compatible with the chemicals being stored and resistant to corrosion.

(ii) Except as provided in this clause, adequate containment facilities shall be provided for all liquid chemical storage tanks.

(I) Containment facilities for a single container or for multiple interconnected containers must be large enough to hold the maximum amount of chemical that can be stored with a minimum freeboard of six vertical inches or to hold 110% of the total volume of the container(s), whichever is less.

(II) Common containment for multiple containers that are not interconnected must be large enough to hold the volume of the largest container with a minimum freeboard of six vertical inches or to hold 110% of the total volume of the container(s), whichever is less.

(III) The materials used to construct containment structures must be compatible with the chemicals stored in the tanks.

(IV) Incompatible chemicals shall not be stored within the same containment structure.

(V) No containment facilities are required for hypochlorite solution containers that have a capacity of 35 gallons or less.

(VI) On a site-specific basis, the executive director may approve the use of double-walled tanks in lieu of separate containment facilities.

(F) Chemical transfer pumps and control systems must be designed to minimize the possibility of leaks and spills.

(G) Piping, pumps, and valves used for chemical storage and transfer must be compatible with the chemical being fed.

(2) Chemical feed and metering facilities shall be designed so that chemicals shall be applied in a manner which will maximize reliability, facilitate maintenance, and ensure optimal finished water quality.

(A) Each chemical feeder that is needed to comply with a treatment technique or MCL requirement 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) Chemical feed equipment shall be sized to provide proper dosage under all operating conditions.

(i) Devices designed for determining the chemical feed rate shall be provided for all chemical feeders.

(ii) The capacity of the chemical feeders shall be such that accurate control of the dosage can be achieved at the full range of feed rates expected to occur at the facility.

(iii) Chemical feeders shall be provided with tanks for chemical dissolution when applicable.

(D) Chemical feed systems shall be designed to minimize the possibility of leaks and spills and provide protection against backpressure and siphoning.

(E) If enclosed feed lines are used, they shall be designed and installed so as to prevent clogging and be easily maintained.

(F) Dry chemical feeders shall be located in a separate room that is provided with facilities for dust control.

(G) Coagulant feed systems shall be designed so that coagulants are applied to the water prior to or within the mixing basins or chambers so as to permit their complete mixing with the water.

(i) Coagulant feed points shall be located downstream of the raw water sampling tap.

(ii) Coagulants shall be applied continuously during treatment plant operation.

(H) Chlorine feed units, ammonia feed units, and storage facilities shall be separated by solid, sealed walls.

(I) Chemical application points shall be provided to achieve acceptable finished water quality, adequate taste and odor control, corrosion control, and disinfection.

(g) [ ~~(f)~~ ] Other treatment processes. The adjustment of fluoride ion content, special treatment for iron and manganese reduction, special methods for taste and odor control, demineralization, corrosion control processes, and other proposals covering other treatment processes will be considered on an individual basis, in accordance with [ ~~pursuant to~~ ] §290.39(l) of this title [ ~~(relating to General Provisions)~~ ]. Package-type treatment systems and their components shall be subject to all applicable design criteria in this section. Where innovative/alternate treatment systems are proposed, the licensed professional engineer must provide pilot test data or data collected at similar full-scale operations demonstrating that the system will produce water that meets the requirements of Subchapter F of this chapter [ ~~title~~ ] (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public [ ~~Drinking~~ ] Water [ ~~Supply~~ ] Systems). Pilot test data must be representative of the actual operating conditions which can be expected over the course of the year. The executive director may require proof of a one-year manufacturer's [ ~~manufacturers~~ ] performance warrantee or guarantee assuring that the plant will produce treated water which meets minimum state and federal standards for drinking water quality.

(h) [ ~~(g)~~ ] Sanitary facilities for water works installations. Toilet and hand washing 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.

(i) [ ~~(h)~~ ] Permits for waste discharges. Any discharge of wastewater and other plant wastes shall be in accordance with all applicable state and federal statutes and regulations. Permits for discharging wastes from water treatment processes shall be obtained from the commission [ ~~agency~~ ], if necessary.

(j) [ ~~(i)~~ ] Treatment chemicals and media. 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.

(k) [ ~~(j)~~ ] Safety.

(1) Safety equipment for all chemicals used in water treatment shall meet applicable standards established by the OSHA [ ~~Occupational Safety and Health Administration (OSHA)~~ ] or Texas Hazard Communication Act [ ~~the Texas Hazard Communications Act~~ ], Texas Health and Safety Code [ ~~Health and Safety Code~~ ], Title 6 [ 5 ], Chapter 502.

(2) Systems must comply with United States Environmental Protection Agency (EPA) requirements for Risk Management Plans.

(l) [ ~~(k)~~ ] Plant operations manual. A thorough plant operations manual must be compiled and kept up-to-date [ ~~up to date~~ ] for operator review and reference. This manual should be of sufficient detail to provide the operator with routine maintenance and repair procedures , with protocols to be utilized in the event of a natural or man-made catastrophe, as well as provide telephone numbers of water system personnel, system officials, and local/state/federal agencies to be contacted in the event of an emergency.

(m) Security. Each 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.

§290.43.Water Storage.

(a) Capacity. The minimum clearwell [ ~~clear well~~ ], storage tank, and pressure maintenance capacity shall be governed by the requirements in §290.45 of this title (relating to Minimum Water System Capacity Requirements).

(b) Location of clearwells, standpipes, and ground storage and elevated tanks.

(1) (No change.)

(2) Insofar as possible, clearwells [ ~~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 clearwell [ ~~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 pounds per square inch (psi) pressure-rated [ ~~psi pressure rated~~ ] pipe with pressure-tested, watertight joints as used in water main construction, the minimum separation distance is ten [ 10 ] feet.

(4) No storage tank or clearwell [ ~~clear well~~ ] located below ground level is allowed within 150 feet of a septic tank soil absorption system.

(c) Design and construction of clearwells [ ~~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, man ways, 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 0.75 inch per foot.

(1)-(2) (No change.)

(3) Overflows shall be designed in strict accordance with current AWWA standards and shall terminate with a gravity-hinged [ ~~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 clearwells [ ~~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 [ ~~short circuiting~~ ] or stagnation of water. Clearwells used for disinfectant contact time shall be appropriately baffled.

(6) Clearwells [ ~~Clear wells~~ ] and potable water storage tanks shall be thoroughly tight against leakage, shall be located above the groundwater 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 [ ~~clear well~~ ] or potable water storage tank shall be provided with a means of removing accumulated 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 clearwells [ ~~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 EPA [ ~~United States Environmental Protection Agency (EPA)~~ ], National Sanitation Foundation (NSF), or [ ~~the~~ ] United States Food and Drug Administration (FDA). All newly installed coatings must conform to American National Standards Institute/National Sanitation Foundation (ANSI/NSF) [ ~~ANSI/NSF~~ ] Standard 61 and must be certified by an organization accredited by ANSI.

(9)-(10) (No change.)

(d) (No change.)

(e) Facility security [ ~~fencing~~ ]. All potable water storage tanks and pressure maintenance facilities must be installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder-resistant [ ~~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.

(f) (No change.)

§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 licensed professional engineers.

(1)-(3) (No change.)

(4) Water transmission and distribution lines must be installed in accordance with the manufacturer's instructions. However, the top of the waterline [ ~~water line~~ ] must be located below the frost line and in no case shall the top of the waterline [ ~~water line~~ ] be less than 24 inches below ground surface.

(5) (No change.)

(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 [ ~~For~~ ] installation or repair of any public water supply ; [ , ] and

(B) for [ ~~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) (No change.)

(c) Minimum waterline [ ~~water line~~ ] sizes. The minimum waterline [ ~~water line~~ ] sizes are for domestic flows only and do not consider fire flows. Larger pipe sizes shall be used when the licensed professional 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 waterline [ ~~water line~~ ] under two inches in diameter will be allowed to be installed in a public water system distribution system. These minimum line sizes do not apply to individual customer service lines.

Figure: 30 TAC §290.44(c) (No change.)

(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) (No change.)

(2) When service is to be provided 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 executive director'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 psi [ ~~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)-(6) (No change.)

(e) Location of waterlines. The following rules apply to installations of waterlines, wastewater mains or laterals, and other conveyances/appurtenances identified as potential sources of contamination. Furthermore, all ratings specified shall be defined by ASTM or AWWA standards unless stated otherwise. New mains, service lines, or laterals are those that are installed where no main, service line, or lateral previously existed, or where existing mains, service lines, or laterals are replaced with pipes of different size or material.

(1)-(3) (No change.)

(4) Where the nine-foot [ ~~nine foot~~ ] separation distance cannot be achieved, the following criteria shall apply . [ : ]

(A) New waterline installation - parallel lines [ ~~Waterline Installation - Parallel Lines~~ ].

(i)-(iii) (No change.)

(B) New waterline installation - crossing lines [ ~~Waterline Installation - Crossing Lines~~ ].

(i)-(ii) (No change.)

(iii) Where a new potable waterline crosses a new, non-pressure rated wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this subparagraph ) [ ~~§290.44(e)(4)(B)(vi) of this title~~ ]) for the total length of one pipe segment plus 12 inches beyond the joint on each end.

(iv) Where a new potable waterline crosses a new, non-pressure rated wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the potable water pipe segment shall be centered over the wastewater line. The materials and method of installation shall conform with one of the following options . [ : ]

(I) (No change.)

(II) All sections of wastewater main or lateral within nine feet horizontally of the waterline shall be encased in an 18-foot [ ~~18 foot~~ ] (or longer) section of pipe. Flexible encasing pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with watertight [ ~~water tight~~ ] non-shrink cement grout or a manufactured watertight [ ~~water tight~~ ] seal. An absolute minimum separation distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater line shall be located below the waterline.

(III) When a new waterline crosses under a wastewater main or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II) of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate. An absolute minimum separation distance of one foot between the waterline [ ~~water line~~ ] and the wastewater main or lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and leakage test as specified in AWWA C600 standards.

(v) Where a new potable waterline crosses a new, pressure rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the center line [ ~~centerline~~ ] of the wastewater main or lateral. The potable waterline shall be at least six inches above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150 psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end.

(vi) (No change.)

(5) Waterline and wastewater main or lateral manhole or cleanout separation [ ~~Wastewater Main or Lateral Manhole or Cleanout Separation~~ ]. The separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable waterline shall be encased in a joint of at least 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 [ ~~five feet~~ ] intervals with spacers or be filled to the springline [ ~~spring line~~ ] with washed sand. The encasement pipe shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant.

(6) Location of fire hydrants [ ~~Fire Hydrants~~ ]. Fire hydrants shall not be installed within nine feet vertically or horizontally of any wastewater main, wastewater lateral , or wastewater service line regardless of construction.

(7) Location of potable or raw water supply or suction lines [ ~~Potable or Raw Water Supply or Suction Lines~~ ]. Suction mains to pumping equipment shall not cross wastewater mains, wastewater laterals , or wastewater service lines. Raw water supply lines shall not be installed within five feet of any tile or concrete wastewater main, wastewater lateral, or wastewater service line.

(8) Proximity of septic tank drainfields [ ~~Septic Tank Drainfields~~ ]. Waterlines shall not be installed closer than ten feet to septic tank drainfields.

(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 waterlines.

(1) (No change.)

(2) Special precautions must be taken when waterlines [ ~~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 permission of the executive director, 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. Sampling shall be repeated if contamination persists. A minimum of one sample for each 1,000 feet of completed waterline [ ~~water line~~ ] will be required or at the next available sampling point beyond 1,000 feet as designated by the design engineer.

(g) (No change.)

(h) Backflow, siphonage.

(1) (No change.)

(2) No water connection from any public drinking water supply system shall be connected [ ~~allowed~~ ] 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. Water from such systems cannot be returned to the potable water supply.

(3) (No change.)

(4) All backflow prevention assemblies that are required according to this section and associated table located in §290.47(i) of this title shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies which are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester.

(A) Recognized backflow prevention assembly testers shall have completed an [ a ] executive director approved course on cross-connection control and backflow prevention assembly testing, pass an examination administered by the executive director, [ ~~TNRCC or its designated agent~~ ] and hold current professional certification as a backflow prevention assembly tester.

(i)-(ii) (No change.)

(B) (No change.)

(C) A test report [ ~~Test Report~~ ] must be completed by the recognized backflow prevention assembly tester for each assembly tested. The signed and dated original must be submitted to the public water supplier for recordkeeping [ ~~record keeping~~ ] purposes. Any form which varies from the format specified in Appendix F located in §290.47(f) of this title [ ~~(relating to Backflow Prevention Assembly Test and Maintenance Report)~~ ] must be approved by the executive director prior to being placed in use.

(5)-(6) (No change.)

(i) Water hauling. When drinking water is distributed by tank truck or trailer, it must be accomplished in the following manner . [ : ]

(1) (No change.)

(2) The equipment used to haul the water must be approved by the executive director and must be constructed as follows . [ : ]

(A) (No change.)

(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 States Environmental Protection Agency, the United States Food and Drug Administration, or the NSF [ ~~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)-(J) (No change.)

(K) A minimum free chlorine residual of 0.5 mg/L [ ~~mg/l~~ ] or, if chloramines are used as the primary disinfectant, a chloramine residual of 1.0 mg/L [ ~~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, microbiological sampling results, chlorine residual readings, dates of disinfection , and source of water shall be maintained.

§290.45.Minimum Water System Capacity Requirements.

(a) General provisions.

(1) The requirements contained in this section are to be used in evaluating both the total capacities for public water systems and the capacities at individual pump stations and pressure planes which serve portions of the system that are hydraulically separated from, or incapable of being served by, other pump stations or pressure planes . The capacities specified [ ~~listed~~ ] in this section are minimum requirements only.

(2)-(4) (No change.)

(5) The capacity of facilities that have been inoperative for the past 30 days and will not be returned to an operative condition within the next 30 days shall not be included when determining compliance with the requirements of this section.

(6) The capacity of the treatment facilities shall not be less than the required raw water or groundwater production rate or the anticipated maximum daily demand of the system.

(b) Community water systems.

(1) Groundwater supplies must meet the following requirements.

(A) If fewer than 50 connections without ground storage, the system must meet the following requirements:

(i) (No change.)

(ii) a pressure tank capacity of 50 gallons per connection . [ ; ]

(B)-(F) (No change.)

(2) (No change.)

(d) Noncommunity water systems serving other than transient accommodation units.

(1) (No change.)

(2) Groundwater supplies must meet the following requirements.

(A) Subject to the requirements of subparagraph (B) of this paragraph, if [ If ] fewer than 300 persons per day are served, the system must meet the following requirements:

(i)-(ii) (No change.)

(B) Systems which serve 300 or more persons per day or serve fewer than 300 persons per day and provide ground storage [ ~~If 300 or more persons per day are served, the system~~ ] must meet the following requirements:

(i)-(v) (No change.)

(3) (No change.)

(e)-(f) (No change.)

(g) Alternative capacity requirements. Public water systems may request approval to meet alternative capacity requirements in lieu of the minimum capacity requirements specified in this section. Any water system requesting to use an alternative capacity requirement must demonstrate to the satisfaction of the executive director that approving the request will not compromise the public health or result in a degradation of service or water quality. Alternative capacity requirements are unavailable for groundwater systems serving fewer than 50 connections without total storage as specified in subsection (b)(1) of this section or for noncommunity water systems as specified in subsections (c) and (d) of this section.

(1)-(4) (No change.)

(5) Although elevated storage is the preferred method of pressure maintenance for systems of over 2,500 [ ~~2500~~ ] connections, it is recognized that local conditions may dictate the use of alternate methods utilizing hydropneumatic tanks and on-site emergency power equipment. Alternative capacity requirements to the elevated storage requirements may be obtained based on request to and approval by the executive director. Special conditions apply to systems qualifying for an elevated storage alternative capacity requirement.

(A)-(B) (No change.)

(C) Battery-powered [ ~~Battery powered~~ ] or uninterrupted power supply pressure monitors and chart recorders which are configured to activate immediately upon loss of normal power must be provided for pressure maintenance facilities. These records must be kept for a minimum of three years and made available for review by the executive director. Records must include chart recordings of all power interruptions including interruptions due to periodic emergency power under-load testing and maintenance.

(D) (No change.)

(6) (No change.)

§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 the requirements of this subchapter [ ~~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 Subchapter F of this chapter (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water [ ~~Supply~~ ] Systems). Microbiological samples may be required by the executive director for monitoring purposes in addition to the routine samples required by the drinking water standards. These samples shall be submitted to a certified laboratory. (A list of the certified laboratories can be obtained by contacting the executive director).

(d) Disinfectant residuals and monitoring. A disinfectant residual must be continuously maintained during the treatment process and throughout the distribution system.

(1) (No change.)

(2) The disinfection equipment shall be operated to maintain the following minimum disinfectant residuals in each finished water storage tank and throughout the distribution system at all times:

(A) a free chlorine residual of 0.2 mg/L [ ~~mg/l~~ ]; or

(B) a chloramine residual of 0.5 mg/L [ ~~mg/l~~ ] (measured as total chlorine) for those systems that feed ammonia.

(e) Operation by trained and licensed personnel. Except as provided in paragraph (1) of this subsection, the production, treatment, and distribution facilities at the public water system must be operated at all times under the direct supervision of a water works operator who holds an applicable, valid license issued by the executive director. [ ~~(7) of this subsection, all public water systems must be operated continuously under the direct supervision of an adequately trained and appropriately licensed water works operator.~~ ]

(1) Transient noncommunity public water systems are exempt from the requirements of this subsection if they use only groundwater or purchase treated water from another public water system. [ ~~Systems serving no more than 1,000 connections must employ at least one operator meeting the applicable requirements of paragraph (3) of this subsection.~~ ]

(2) All public water systems that are subject to the provisions of this subsection shall meet the following requirements. [ ~~Systems that serve more than 1,000 connections must employ at least two operators who meet the applicable requirements of paragraph (3) of this subsection.~~ ]

(A) Public water systems shall not allow new or repaired production, treatment, storage, pressure maintenance, or distribution facilities to be placed into service without the prior guidance and approval of a licensed water works operator.

(B) Public water systems shall ensure that their operators are trained regarding the use of all chemicals used in the water treatment plant. Training programs shall meet applicable standards established by the Occupational Safety and Health Administration (OSHA) or the Texas Hazard Communications Act, Texas Health and Safety Code, Title 6, Chapter 502.

(C) Beginning January 1, 2004, public water systems using chlorine dioxide shall place the operation of the chlorine dioxide facilities under the direct supervision of a licensed operator who has a Class "C" or higher license.

(3) Systems that only purchase treated water shall meet the following requirements in addition to the requirements contained in paragraph (2) of this subsection. [ The production, treatment, and distribution facilities of all public water systems must be operated at all times under the direct supervision of a water works operator who holds an applicable, valid license issued by the executive director. ]

(A) Purchased water systems serving no more than 250 connections must employ an operator who holds a Class "D" or higher license. [ ~~Systems serving fewer than 250 connections must employ an operator with a Class "D" or higher license if they only use groundwater or purchased treated water.~~ ]

(B) Purchased water systems serving more than 250 connections, but no more than 1,000 connections, must employ an operator who holds a Class "C" or higher license. [ ~~Systems that serve 250 or more connections must employ an operator with a Class "C" or higher license if they only use purchased treated water.~~ ]

(C) Purchased water systems serving more than 1,000 connections must employ at least two operators who hold a Class "C" or higher license and who each work at least 16 hours per month at the public water system's treatment or distribution facilities. [ Systems that serve 250 or more connections must employ an operator with a Class "C" or higher Groundwater license if they use groundwater and do not treat groundwater that is under the direct influence of surface water or surface water. ]

[ ~~(D)~~ Systems that treat groundwater that is under the direct influence of surface water and do not treat surface water must meet the following requirements related to the direct supervision of their facilities:]

[ ~~(i)~~ Systems which utilize cartridge filters must employ an operator who has a Class "C" or higher Surface water license or has a Class "C" or higher Groundwater license and has completed a four-hour training course on monitoring and reporting requirements.]

[ ~~(ii)~~ Systems which utilize coagulant addition and direct filtration must employ an operator who has a Class "C" or higher Surface Water license or has a Class "C" or higher Groundwater license and has completed a 40-hour Surface Water Production course.]

~~[ ~~(iii)~~ Systems which utilize complete surface water treatment must comply with the requirements of subparagraph (E) of this paragraph.]~~

[ ~~(iv)~~ Each plant must have at least one Class "C" or higher operator on duty at the plant when it is in operation or the plant must 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 when the plant is not staffed.]

~~[ ~~(E)~~ Systems that treat surface water must meet the following requirements related to the supervision of their facilities.]~~

[ ~~(i)~~ Beginning January 1, 2003, systems that treat surface water must employ at least one operator who holds a Class "B" or higher surface water license. Until January 1, 2003, these systems must employ at least one operator who holds a Class "B" or higher surface water license or who holds a Class "C" or higher Surface water license and has completed an approved 20-hour water laboratory course.]

[ ~~(ii)~~ Each surface water treatment plant must have at least one Class "C" or higher surface water operator on duty at the plant when it is in operation or the plant must 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 when the plant is not staffed.]

[ ~~(iii)~~ Public water systems shall not allow Class "D" operators to adjust or modify the treatment processes at surface water treatment plant unless an operator who holds a Class "C" or higher surface license is present at the plant and has issued specific instructions regarding the proposed adjustment.]

(4) Systems that treat groundwater and do not treat surface water or groundwater that is under the direct influence of surface water shall meet the following requirements in addition to the requirements contained in paragraph (2) of this subsection. [ Beginning January 1, 2004, the treatment facilities at all systems using chlorine dioxide must be under the direct supervision of a licensed operator who has completed additional training. Unless a higher level of certification is required by paragraph (3) of this subsection, public water systems using chlorine dioxide must place those facilities under the direct supervision of a licensed operator who has a Class "C" or higher license and has completed an approved water laboratory course. ]

(A) Groundwater systems serving no more than 250 connections must employ an operator with a Class "D" or higher license.

(B) Groundwater systems serving more than 250 connections, but no more than 1,000 connections, must employ an operator with a Class "C" or higher groundwater license.

(C) Groundwater systems serving more than 1,000 connections must employ at least two operators who hold a Class "C" or higher groundwater license and who each work at least 16 hours per month at the public water system's production, treatment, or distribution facilities.

(5) Systems that treat groundwater that is under the direct influence of surface water must meet the following requirements in addition to the requirements contained in paragraph (2) of this subsection. [ Public water systems shall not allow new or repaired production, treatment, storage, pressure maintenance or distribution facilities to be placed into service without the prior guidance and approval of a licensed water works operator. ]

(A) Systems which serve no more than 1,000 connections and utilize cartridge or membrane filters must employ an operator who holds a Class "C" or higher groundwater license and has completed a four-hour training course on monitoring and reporting requirements or who holds a Class "C" or higher surface water license and has completed the Groundwater Production course.

(B) Systems which serve more than 1,000 connections and utilize cartridge or membrane filters must employ at least two operators who meet the requirements of subparagraph (A) of this paragraph and who each work at least 24 hours per month at the public water system's production, treatment, or distribution facilities.

(C) Systems which serve no more than 1,000 connections and utilize coagulant addition and direct filtration must employ an operator who holds a Class "C" or higher surface water license and has completed the Groundwater Production course or who holds a Class "C" or higher groundwater license and has completed a Surface Water Production course. Effective January 1, 2007, the public water system must employ at least one operator who has completed the Surface Water Unit I course and the Surface Water Unit II course.

(D) Systems which serve more than 1,000 connections and utilize coagulant addition and direct filtration must employ at least two operators who meet the requirements of subparagraph (C) of this paragraph and who each work at least 24 hours per month at the public water system's production, treatment, or distribution facilities. Effective January 1, 2007, the public water system must employ at least two operators who have completed the Surface Water Unit I course and the Surface Water Unit II course.

(E) Systems which utilize complete surface water treatment must comply with the requirements of paragraph (6) of this subsection.

(F) Each plant must have at least one Class "C" or higher operator on duty at the plant when it is in operation or the plant must 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 when the plant is not staffed.

(6) Systems that treat surface water must meet the following requirements in addition to the requirements contained in paragraph (2) of this subsection. [ Public water systems shall ensure that their operators are trained regarding the use of all chemicals used in the water treatment plant. Training programs shall meet applicable standards established by the Occupational Safety and Health Administration (OSHA) or the Texas Hazard Communications Act, Texas Health and Safety Code, Title 6, Chapter 502. ]

(A) Surface water systems that serve no more than 1,000 connections must employ at least one operator who holds a Class "B" or higher surface water license. Contract operators may be used to meet the requirements of this subparagraph if the contractor is completely familiar with the design and operation of the plant and spends at least four consecutive hours at the plant at least once every 14 days and the system also employs an operator who holds a Class "C" or higher surface water license. Effective January 1, 2007, the public water system must employ at least one operator who has completed the Surface Water Unit I course and the Surface Water Unit II course.

(B) Surface water systems that serve more than 1,000 connections must employ at least two operators; one of the required operators must hold a Class "B" or higher surface water license and the other required operator must hold a Class "C" or higher surface water license. Each of the required operators must work at least 32 hours per month at the public water system's production, treatment, or distribution facilities. Effective January 1, 2007, the public water system must employ at least two operators who have completed the Surface Water Unit I course and the Surface Water Unit II course.

(C) Each surface water treatment plant must have at least one Class "C" or higher surface water operator on duty at the plant when it is in operation or the plant must 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 when the plant is not staffed.

(D) Public water systems shall not allow Class "D" operators to adjust or modify the treatment processes at surface water treatment plant unless an operator who holds a Class "C" or higher surface license is present at the plant and has issued specific instructions regarding the proposed adjustment.

~~[ ~~(7)~~ Transient noncommunity public water systems are exempt from the requirements of this subsection if they use only groundwater or purchase treated water from another public water system.]~~

(f) Operating records and reports. Water systems must maintain a record of water works operation and maintenance activities and submit periodic operating reports.

(1)-(2) (No change.)

(3) All public water systems shall maintain a record of operations.

(A) The following records shall be retained for at least two years:

(i)-(iv) (No change.)

(v) the dates that storage tanks and other facilities were cleaned; [ ~~and~~ ]

(vi) the maintenance records for water system equipment and facilities ; and [ . ]

(vii) for systems that do not employ full-time operators to meet the requirements of subsection (e) of this section, a monthly summary of the work performed and the number of hours worked by each of the part-time operators used to meet the requirements of subsection (e) of this section.

(B) (No change.)

(i) the records concerning a variance or exemption granted to the system; [ ~~and~~ ]

(ii) Concentration Time (CT) studies for surface water treatment plants ; and [ . ]

(iii) the Recycling Practices Report form and other records pertaining to site-specific recycle practices for treatment plants that recycle.

(D) (No change.)

(E) The following records shall be retained for at least ten [ 10 ] years:

(i)-(ii) (No change.)

(iii) any written reports, summaries, or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by the executive director shall be kept for a period not less than ten [ 10 ] years after completion of the survey involved; and

(iv) (No change.)

(F) (No change.)

(4) Water systems shall submit routine reports and any additional documentation that the executive director may require to determine compliance with the requirements of this chapter [ ~~any monthly or quarterly reports required by the executive director~~ ].

(A) The reports must be submitted to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087 by the tenth day of the month following the end of the reporting period.

(B)-(C) (No change.)

(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 executive director [ ~~Texas Department of Health~~ ]. The sample results must indicate that the facility is free of microbiological contamination before it is placed into service. When it is necessary to return repaired mains to service as rapidly as possible, doses may be increased to 500 mg/L [ ~~mg/l~~ ] and the contact time reduced to 1/2 [ ~~one-half~~ ] hour.

(h)-(i) (No change.)

(j) Customer service inspections. A customer service inspection certificate shall be completed prior to providing continuous water service to new construction, on any existing service either when the water purveyor has reason to believe that cross-connections or other potential contaminant hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities. Any customer service inspection certificate form which varies from the format found in §290.47(d) of this title (relating to Customer Service Inspection Certificate) must be approved by the executive director prior to being placed in use.

(1) Individuals with the following credentials shall be recognized as capable of conducting a customer service inspection certification.

(A) (No change.)

(B) Customer service inspectors who have completed a commission-approved [ ~~commission approved~~ ] course, passed an examination administered by the executive director, [ ~~TNRCC or its designated agent~~ ] and hold current professional certification or endorsement as a customer service inspector.

(2)-(3) (No change.)

(k) (No change.)

(l) Flushing of mains. All dead-end mains must be flushed at monthly intervals [ ~~or more frequently~~ ] . Dead-end lines and other mains shall be flushed as needed if water quality complaints are received from water customers or if disinfectant residuals fall below acceptable levels as specified in §290.110 of this title (relating to Disinfectant Residuals).

(m) Maintenance and housekeeping. The maintenance and housekeeping practices used by a public water system shall ensure the good working condition and general appearance of the system's facilities and equipment. The grounds and facilities shall be maintained in a manner so as to minimize the possibility of the harboring of rodents, insects, and other disease vectors, and in such a way as to prevent other conditions that might cause the contamination of the water.

(1) Each of the system's ground, elevated , and pressure tanks shall be inspected annually by water system personnel or a contracted inspection service.

(A) 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 the tank remains in a watertight condition.

(B)-(C) (No change.)

(2)-(3) (No change.)

(4) All water treatment units, storage and pressure maintenance facilities, distribution system lines , and related appurtenances shall be maintained in a watertight condition and be free of excessive solids.

(5) (No change.)

(6) Pumps, motors, valves, and other mechanical devices shall be maintained in good working condition.

(n) Engineering plans and maps. Plans, specifications, maps , and other pertinent information shall be maintained to facilitate the operation and maintenance of the system's facilities and equipment. The following records shall be maintained on file at the public water system and be available to the executive director upon request . [ : ]

(1)-(2) (No change.)

(3) Copies of well completion data such as 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 for as long as the well remains in service.

(o) (No change.)

(p) Data on water system ownership and management. The agency 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 executive director. When applicable, notification shall be in accordance with Chapter 291 of this title (relating to Utility Regulations [ ~~Water Rates~~ ]). Those systems not subject to Chapter 291 of this title shall notify the executive director 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 in this paragraph and the system's public drinking water supply identification number, and any other information necessary to identify the transaction shall be provided to the executive director 120 days before the date of the transaction.

(2) (No change.)

(q) Special precautions. Special precautions must be instituted by the water system owner or responsible official in the event of low distribution pressures (below 20 psi), water outages, microbiological samples found to contain E. coli or fecal coliform organisms, failure to maintain adequate chlorine residuals, elevated finished water turbidity levels, or other conditions which indicate that the potability of the drinking water supply has been compromised.

(1) (No change.)

(2) The flowchart found in §290.47(h) of this title shall be used to determine if a boil water notification must be issued in the event of a loss of distribution system pressure. If a boil water notice is issued under [ ~~pursuant to~~ ] this section, it shall remain in effect until water distribution pressures in excess of 20 psi can consistently be maintained, a minimum of 0.2 mg/L [ ~~mg/l~~ ] free chlorine residual or 0.5 mg/L [ ~~mg/l~~ ] chloramine residual (measured as total chlorine) is present throughout the system, and water samples collected for microbiological analysis are found negative for coliform organisms.

(3) A boil water notification shall be issued if the turbidity of the finished water produced by a surface water treatment plant exceeds 5.0 NTU. The boil water notice shall remain in effect until the water entering the distribution system has a turbidity level below 1.0 NTU, the distribution system has been thoroughly flushed, a minimum of 0.2 mg/L [ ~~mg/l~~ ] free chlorine residual or 0.5 mg/L [ ~~mg/l~~ ] chloramine residual (measured as total chlorine) is present throughout the system, and water samples collected for microbiological analysis are found negative for coliform organisms.

(4) (No change.)

(r) (No change.)

(s) Testing equipment. Accurate testing equipment or some other means of monitoring the effectiveness of any chemical treatment processes must be used by the system.

(1) Flow measuring devices and rate-of-flow controllers that are required by §290.42(d) of this title shall be calibrated at least once every 12 months. Well meters required by §290.41(c)(3)(N) of this title shall be calibrated at least once every three years.

(2) Laboratory equipment used for compliance testing shall be properly calibrated.

(A) pH meters shall be properly calibrated.

(i)-(ii) (No change.)

(iii) On-line pH meters shall be calibrated according to manufacturer [ ~~manufacturers~~ ] specifications at least once every 30 days [ ~~each day~~ ].

(iv) The calibration of on-line pH meters shall be checked at least once each week with a primary standard or by comparing the results from the on-line unit with the results from a properly calibrated benchtop unit. If necessary, the on-line unit shall be recalibrated with primary standards.

(B) Turbidimeters shall be properly calibrated.

(i)-(iii) (No change.)

(iv) The calibration of on-line [ ~~online~~ ] turbidimeters shall be checked at least once each week with a primary standard, a secondary standard, or the manufacturer's proprietary calibration confirmation device or by comparing the results from the on-line unit with the results from a properly calibrated benchtop unit. If necessary, the on-line unit shall be recalibrated with primary standards.

(t)-(u) (No change.)

(v) Electrical wiring. All water system electrical wiring must be securely installed [ ~~in a securely mounted conduit~~ ] in compliance with a local or national electrical code.

§290.47.Appendices.

(a)-(d) (No change.)

(e) Appendix E. Boil Water Notification.

Figure: 30 TAC §290.47(e)

(f) Appendix F. Sample Backflow Prevention Assembly Test and Maintenance Report.

Figure: 30 TAC §290.47(f)

(g) Appendix G. Operator and/or Employment Notice.

Figure: 30 TAC §290.47(g)

(h) (No change.)

(i) Appendix I. Assessment of Hazard and Selection of Assemblies.

Figure: 30 TAC §290.47(i)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 28, 2003.

TRD-200304535

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 7, 2003

For further information, please call: (512) 239-6087

Subchapter F. DRINKING WATER STANDARDS GOVERNING DRINKING WATER QUALITY AND REPORTING REQUIREMENTS FOR PUBLIC WATER SYSTEMS

30 TAC §§290.104, 290.106, 290.107, 290.111, 290.117, 290.121, 290.122

STATUTORY AUTHORITY

§290.104.Summary of Maximum Contaminant Levels, Maximum Residual Disinfectant Levels, Treatment Techniques, and Action Levels.

(a) (No change.)

(b) MCLs [ ~~Maximum contaminant levels~~ ] for inorganic compounds. The MCLs for inorganic contaminants listed in this subsection apply to public water systems as provided in §290.106 of this title (relating to Inorganic Contaminants).

Figure: 30 TAC §290.104(b)

(c) MCLs [ ~~Maximum contaminant levels (MCLs)~~ ] for organic compounds. The following MCLs [ ~~maximum contaminant levels~~ ] for synthetic organic contaminants and volatile organic contaminants apply to public water systems as provided in §290.107 of this title (relating to Organic Contaminants).

(1) The following are the MCLs [ ~~maximum contaminant levels~~ ] for synthetic organic contaminants.

Figure: 30 TAC §290.104(c)(1) (No change.)

(2) The following are the MCLs [ ~~maximum contaminant levels~~ ] for volatile organic contaminants.

Figure: 30 TAC §290.104(c)(2)

(d) MCLs [ ~~Maximum contaminant levels~~ ] for radiological contaminants. MCLs [ ~~Maximum contaminant levels~~ ] for radiological contaminants apply to public water systems as provided in §290.108 of this title (relating to Radiological Sampling and Analytical Requirements). [ ~~The maximum contaminant levels for beta particle and photon radioactivity from man- made radionuclides in drinking water are as follows.~~ ]

~~[ ~~(1)~~ The maximum contaminant level for combined radium-226 and radium-228 is 5 pCi/l.]~~

~~[ ~~(2)~~ The maximum contaminant level for gross alpha particle activity (including radium-226 but excluding radon and uranium) is 15 pCi/l.]~~

[ ~~(3)~~ The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than four millirem (mrem)/year.]

[ ~~(4)~~ If two or more radionuclides other than tritium or strontium-90 are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four mrem/year. Average annual concentrations of tritium or strontium-90 assumed to produce a total body or organ dose of four mrem/year are as follows:]

~~[ ~~Figure: 30 TAC §290.104(d)(4)~~ ]~~

(e) (No change.)

(f) Minimum and MRDLs. Minimum and MRDLs apply to public water systems as provided in §290.110 of this title (relating to Disinfectant Residuals).

(1) The minimum residual disinfectant concentration in the water entering the distribution system is 0.2 milligrams per liter (mg/L) [ ~~mg/L~~ ] free chlorine or 0.5 mg/L chloramine.

(2) (No change.)

(3) The MRDL [ ~~maximum residual disinfectant level~~ ] of chlorine dioxide in the water entering the distribution system is 0.8 mg/L.

(4) The MRDL [ ~~maximum residual disinfectant level~~ ] of free chlorine or chloramine in the water within the distribution system is 4.0 mg/L based on a running annual average.

(g) Turbidity. Systems must meet the turbidity treatment technique requirements as provided in §290.111 of this title (relating to Turbidity).

[ ~~(1)~~ Until January 1, 2002, the turbidity level of the combined filter effluent must never exceed 5.0 NTU and the turbidity level of the combined filter effluent must be 0.5 NTU or less in at least 95% of the samples tested each month.]

(1) [ ~~(2)~~ ] The [ ~~Effective January 1, 2002 the~~ ] turbidity level of the combined filter effluent must never exceed 1.0 Nephelometric Turbidity Unit (NTU) [ ~~NTU~~ ] and the turbidity level of the combined filter effluent must be 0.3 NTU or less in at least 95% of the samples tested each month.

(2) [ ~~(3)~~ ] Systems are subject to individual filter turbidity provisions of §290.111 of this title.

(h) (No change.)

(i) Disinfection by-products (TTHM and HAA5). The MCLs for TTHM and HAA5 apply to water systems as provided in §290.113 of this title (relating to Disinfection By-products (TTHM and HAA5)). The MCLs for TTHM and HAA5 are:

(1) the MCL for TTHM is 0.080 mg/L [ ~~milligrams/liter~~ ]; and

(2) the MCL for HAA5 is 0.060 mg/L [ ~~milligrams/liter~~ ].

(j) Disinfection by-products other than TTHM and HAA5. The MCLs [ ~~maximum contaminant levels~~ ] for chlorite and bromate apply to water systems as provided in §290.114 of this title (relating to Disinfection By-products Other than TTHM and HAA5). The MCLs for chlorite and bromate are as follows:

(1)-(2) (No change.)

(k) Lead and copper action levels. The action levels for lead and copper apply to water systems as provided in §290.117 of this title (relating to Regulation of Lead and Copper). Action levels for lead and copper are as follows:

(1) the action level for lead is 0.015 mg/L [ ~~mg/l~~ ]; and

(2) the action level for copper is 1.3 mg/L [ ~~mg/l~~ ].

(l) Recycle streams. The treatment technique requirements for recycle streams are specified in §290.42(c)(6) and (d)(3) of this title (relating to Water Treatment).

§290.106.Inorganic Contaminants.

(a) (No change.)

(b) Maximum contaminant levels for IOCS. The MCLs for IOCs listed in the following table apply to community and nontransient, non-community water systems. The MCLs for nitrate, nitrite, and total nitrate and nitrite also apply to transient non-community water systems.

Figure: 30 TAC §290.106(b)

(c) Monitoring requirements for IOCs. Public water systems shall monitor for IOCs at the locations specified by the executive director. All monitoring conducted under [ ~~pursuant to~~ ] the requirements of this section must be conducted at sites designated in the public water system's monitoring plan. Each public water system shall monitor at the time designated during each compliance period.

(1) Monitoring locations for IOCs except asbestos, antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nitrate, nitrite, selenium, and thallium shall be monitored at each entry point to the distribution system.

(A)-(B) (No change.)

(i)-(iv) (No change.)

(v) The maximum number of individual samples allowed in a composite sample shall not exceed the number obtained by dividing the MCL for the contaminant by the detection limit of the analytical method and rounding the quotient to the next lowest integer. Detection limits for each analytical method are as listed in 40 Code of Federal Regulations (CFR) [ ~~CFR~~ ] §141.23(a)(4)(i).

(vi) (No change.)

(2)-(4) (No change.)

(5) Nitrate monitoring frequency. All public water systems shall monitor for nitrate at the following frequency.

(A) All public water systems shall routinely monitor for nitrate.

(i) All public water systems shall annually sample each groundwater [ ~~ground water~~ ] source at the entry point to the distribution system.

(ii)-(iii) (No change.)

(B)-(C) (No change.)

(6)-(8) (No change.)

(d) (No change.)

(e) Reporting requirements for IOCs. Upon the request of the executive director, the owner or operator of a public water system must provide the executive director with a copy of the results of any test, measurement, or analysis required by this subsection. The copies must be submitted within ten days of the request or within ten days of their receipt by the public water system, whichever is later. The copies must be mailed to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087.

(f)-(h) (No change.)

§290.107.Organic Contaminants.

(a) (No change.)

(b) Maximum contaminant levels (MCLs) for organic contaminants. The concentration of synthetic and volatile organic chemicals shall not exceed the MCLs specified in this section.

(1) (No change.)

(2) The following are MCLs for volatile organic contaminants (VOCs).

Figure: 30 TAC §290.107(b)(2)

(3) (No change.)

(c) Monitoring requirements for organic contaminants. Public water systems shall monitor for organic contaminants at the locations and frequency in paragraphs (1) and (2) of this subsection. All monitoring conducted under the requirements of this section must be conducted at sites designated in the public water system's monitoring plan. All samples must be taken during periods of normal operation when water representative of all sources used by the system is being used.

(1) SOC monitoring requirements. Monitoring of the SOC contaminants shall be conducted at the frequency and locations given in this paragraph.

(A)-(C) (No change.)

(D) Waivers for SOC monitoring. The executive director may grant a waiver to reduce the SOC monitoring frequency from the monitoring frequency requirements of subparagraph (B) of this paragraph [ ~~subsection (c)(1)(B) of this section~~ ], based on previous use of the contaminant within the watershed or zone of influence of the water source. Examples of use of a contaminant include transport, storage, or disposal. If a determination by the executive director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If the executive director cannot determine whether the contaminant has been used in the watershed or if the contaminant has been used previously, then the following factors shall be used to determine whether a waiver is granted:

(i)-(iii) (No change.)

(iv) how well the water source is protected against contamination due to such factors as depth of the well, type of soil , and the integrity of well construction. Surface water systems must consider watershed vulnerability and protection;

(v) (No change.)

(vi) use of polychlorinated byphenyls (s) [ ~~PCBs~~ ] in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).

(E) (No change.)

(F) Initial SOC monitoring. If monitoring data are generally consistent with the requirements of this subsection [ ~~(c)(1) of this section~~ ], then the executive director may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period.

(2) VOC monitoring requirements. Monitoring of the VOC contaminants shall be conducted at the frequency and locations given in this paragraph.

(A)-(B) (No change.)

(i)-(ii) (No change.)

(iii) If a VOC contaminant listed in subsection (b)(2) of this section is detected at a level exceeding 0.0005 mg/L in any sample, then:

(I)-(II) (No change.)

(III) if [ If ] the executive director determines that the system is reliably and consistently below the MCL, the executive director may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter which previously yielded the highest analytical result;

(IV) systems [ ~~Systems~~ ] which have three consecutive annual samples with no detection of a contaminant may be granted a waiver as specified in subparagraph (D) of this paragraph [ ~~subsection (c)(2)(D) of this section~~ ]; and

(V) groundwater [ ~~Groundwater~~ ] systems which have detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each entry point to the distribution system at which one or more of the two-carbon organic compounds was detected. If the result of the first analysis does not detect vinyl chloride, the executive director may reduce the quarterly monitoring frequency for vinyl chloride to one sample during each compliance period. Surface water systems are required to monitor for vinyl chloride as specified by the executive director.

(iv) (No change.)

(D) Waivers for VOC monitoring. The executive director may grant a waiver after evaluating the previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the water sources. If a determination by the executive director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted:

(i)-(v) (No change.)

(vi) as [ As ] a condition of the waiver a groundwater system must take one sample at each entry point to the distribution system during the time the waiver is effective (i.e., one sample during two compliance periods or six years) and update its vulnerability assessment considering the factors listed in this paragraph. Based on this updated vulnerability assessment the executive director must reconfirm that the system is not vulnerable. If the executive director does not make this reconfirmation within three years of the initial determination, then the waiver is invalid and the system is required to sample annually; and

(vii) community [ ~~Community~~ ] and nontransient surface water systems which do not detect a VOC contaminant listed in subsection (b)(2) of this section may be considered by the executive director for a waiver from the annual sampling requirements of subparagraph (B)(ii) of this paragraph [ ~~subsection (c)(2)(B)(ii) of this section~~ ] after completing the initial monitoring. Systems meeting this criteria must be determined by the executive director to be non-vulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at the frequency specified by the executive director (if any).

(E) Compositing for VOC monitoring. The executive director may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of entry points to the distribution system are allowed. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection.

(i)-(iii) (No change.)

(iv) Procedures for compositing VOC samples are as stated in 40 Code of Federal Regulations (CFR) [ ~~CFR~~ ] §141.24 (f)(14)(iv).

(d) (No change.)

(e) Reporting requirements for organic contaminants. Upon the request of the executive director, the owner or operator of a public water system must provide the executive director with a copy of the results of any test, measurement, or analysis required by this subsection. The copies must be submitted within ten days of the request or within ten days of their receipt by the public water system, whichever is later. The copies must be mailed to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087.

(f)-(g) (No change.)

(h) Best available technology [ ~~(BAT)~~ ] for organic contaminants. Best available technology [ ~~BAT~~ ] for treatment of violations of MCLs in subsection (b) of this section are listed in 40 CFR §141.61. Copies are available for review in the Water Supply Division, Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], P. O. Box 13087, Austin, Texas 78711-3087.

§290.111.Turbidity.

(a) (No change.)

(b) Treatment technique requirements and performance criteria for turbidity. The filtration techniques used by public water systems treating surface water or groundwater under the direct influence of surface water must ensure the system meets the following treatment technique requirements and performance criteria.

(1) Treatment technique requirements. The treatment process must achieve at least a 2-log removal of Cryptosporidium oocysts, a 3-log removal or inactivation of Giardia lamblia cysts, and a 4-log removal or inactivation of viruses before the water is supplied to any consumer. The executive director may require additional levels of treatment in cases of poor source water quality. [ Through December 31, 2001, the treatment process used by public water systems treating surface water or groundwater under the direct influence of surface water must achieve at least a 3-log removal or inactivation of Giardia lamblia cysts and a 4-log removal or inactivation of viruses before the water is supplied to any consumer. The executive director may require additional levels of treatment in cases of poor source water quality. ]

(A) Treatment plants using conventional media filtration must achieve the following turbidity levels.

(i) The turbidity level of the combined filter effluent must never exceed 1.0 Nephelometric Turbidity Unit (NTU). [ ~~The turbidity level of the combined filter effluent must never exceed 5.0 NTU.~~ ]

(ii) The turbidity level of the combined filter effluent must be 0.3 NTU or less in at least 95% of the samples tested each month. [ The turbidity level of the combined filter effluent must be 0.5 NTU or less in at least 95% of the samples tested each month. The executive director may allow a turbidity level of up to 1.0 NTU in at least 95% of the samples if the system can achieve the required 3-log removal or inactivation of Giardia lamblia cysts and 4-log removal or inactivation of viruses at that higher turbidity level. ]

(B) (No change.)

(C) The executive director may extend the compliance date for this paragraph and subparagraph (A) of this paragraph if the system serves fewer than 10,000 people and uses conventional media filters.

(i) The compliance date may not be extended beyond January 1, 2004.

(ii) During any extension that is granted, the system must achieve at least a 3-log removal or inactivation of Giardia lamblia cysts and a 4-log removal or inactivation of viruses before the water is supplied to any consumer and must meet the following turbidity requirements.

(I) The turbidity level of the combined filter effluent must never exceed 5.0 NTU.

(II) The turbidity level of the combined filter effluent must be 0.5 NTU or less in at least 95% of the samples tested each month. The executive director may allow a turbidity level of up to 1.0 NTU in at least 95% of the samples if the system can achieve the required 3-log removal or inactivation of Giardia lamblia cysts and 4-log removal or inactivation of viruses at that higher turbidity level.

(2) Performance criteria for individual filters. The filtration techniques must ensure the public water system meets the following performance criteria. [ Beginning January 1, 2002, the treatment process must achieve at least a 2-log removal of Cryptosporidium oocysts, a 3-log removal or inactivation of Giardia lamblia cysts, and a 4-log removal or inactivation of viruses before the water is supplied to any consumer. The executive director may require additional levels of treatment in cases of poor source water quality. ]

(A) At a public water system that serves 10,000 people or more, the turbidity from each individual filter should not exceed 0.5 NTU at four hours after the individual filter is returned to service after backwash or shut down. [ ~~Treatment plants using conventional media filtration must achieve the following turbidity levels.~~ ]

~~[ ~~(i)~~ The turbidity level of the combined filter effluent must never exceed 1.0 NTU.]~~

~~[ ~~(ii)~~ The turbidity level of the combined filter effluent must be 0.3 NTU or less in at least 95% of the samples tested each month.]~~

(B) The turbidity from each individual filter should never exceed 1.0 NTU at a public water system that serves 10,000 people or more. [ ~~Membrane facilities must meet site-specific performance standards approved by the executive director.~~ ]

(C) Beginning January 1, 2005, the turbidity from each individual filter should never exceed 1.0 NTU at a public water system that serves fewer than 10,000 people. [ ~~The executive director may extend the compliance date for systems serving fewer than 10,000 people.~~ ]

~~[ ~~(i)~~ The compliance date may not be extended beyond January 1, 2004.]~~

~~[ ~~(ii)~~ During any extension that is granted, the turbidity level of the combined filter effluent must meet the requirements of subsection (b)(1) of this section.]~~

[ ~~(3)~~ The filtration techniques used by public water systems that serve 10,000 people or more and treat surface water or groundwater under the direct influence of surface water must ensure the system meets the following criteria.]

[ ~~(A)~~ Beginning January 1, 2002, the turbidity from each individual filter should not exceed 0.5 NTU at four hours after the individual filter is returned to service after backwash or shut down.]

~~[ ~~(B)~~ Beginning January 1, 2002, the turbidity from each individual filter should never exceed 1.0 NTU.]~~

(c) Monitoring requirements for turbidity. Public water systems with surface water sources or groundwater sources that are under the direct influence of surface water shall monitor the performance of their filtration facilities.

(1)-(2) (No change.)

(3) Public [ ~~Beginning January 1, 2002, public~~ ] water systems that serve 10,000 people or more must continuously monitor the filtered water turbidity at the effluent of each individual filter and record the turbidity value every 15 minutes.

(4) Public [ ~~Beginning January 1, 2002, public~~ ] water systems that serve fewer than 10,000 people [ ~~and use surface water or groundwater under the direct influence of surface water~~ ] must measure and record the filtered water turbidity level at the effluent of each individual filter [ ~~at least once each day that the plant is in operation~~ ].

(A) Through December 31, 2004, public water systems that serve fewer than 10,000 people must measure and record the filtered water turbidity level at the effluent of each individual filter at least once each day that the plant is in operation.

(B) Beginning January 1, 2005, public water systems that serve fewer than 10,000 people must continuously monitor the filtered water turbidity at the effluent of each individual filter and record the turbidity value every 15 minutes.

(5) Special monitoring requirements for systems that serve 10,000 people or more. Public [ ~~Beginning January 1, 2002, public~~ ] water systems which serve 10,000 [ ~~0,000~~ ] people or more and fail to meet the turbidity criteria specified in subsection (b)(2) [ ~~(b)(3)~~ ] of this section must conduct additional monitoring. The executive director can waive these special monitoring requirements for systems that have a corrective action schedule approved by the executive director.

(A) Each time a filter exceeds either of the filtered water turbidity levels specified in subsection (b)(2)(A) or (B) [ ~~(b)(3)~~ ] of this section for two consecutive 15-minute readings, the public water system must either identify the cause of the exceedance or produce a filter profile [ ~~complete a Filter Profile Report~~ ] on the filter within seven days of the exceedance.

(B) Each time a filter exceeds the filtered turbidity level specified in subsection (b)(2)(B) [ ~~(b)(3)(B)~~ ] of this section for two consecutive 15-minute readings on three separate occasions during any consecutive three month period, the public water system must conduct a filter assessment on the filter within 14 days of the third exceedance.

(C) Each time the filtered water turbidity level for a specific filter or any combination of individual filters exceeds 2.0 NTU on two consecutive 15-minute readings during two consecutive months, the public water system must participate in a third-party comprehensive performance evaluation within 90 days of the first exceedance in the second month .

(6) Special monitoring requirements for systems that serve fewer than 10,000 people. Beginning January 1, 2005, public water systems which serve fewer than 10,000 people and fail to meet the turbidity criteria specified in subsection (b)(2) of this section must conduct additional monitoring. The executive director can waive these special monitoring requirements for systems that have a corrective action schedule approved by the executive director.

(A) Each time a filter exceeds 1.0 NTU for two consecutive 15-minute readings, the public water system must either identify the cause of the exceedance or complete a filter profile on the filter within seven days of the exceedance.

(B) Each time a filter exceeds 1.0 NTU for two consecutive 15-minute readings on three separate occasions during any consecutive three-month period, the public water system must conduct a filter assessment on the filter within 14 days of the third exceedance.

(C) Each time the filtered water turbidity level for a specific filter or any combination of individual filters exceeds 2.0 NTU on two consecutive 15-minute readings during two consecutive months, the public water system must participate in a third-party comprehensive performance evaluation within 120 days of the first exceedance in the second month.

(d) Analytical requirements for turbidity. All monitoring required by this section must be conducted by a facility approved by the executive director and using methods that conform to the requirements of §290.119 of this title. Equipment used for compliance measurements must be maintained and calibrated in accordance with §290.46(s) of this title (relating to Minimum Acceptable Operating Practices for Public Drinking Water Systems).

(1)-(2) (No change.)

(3) Systems [ ~~Beginning January 1, 2002, systems~~ ] serving 10,000 or more people must monitor the turbidity of the water produced by individual filters with a continuous, on-line turbidimeter and a continuous recorder.

(A) Continuous individual filter turbidity may be recorded electronically by a supervisory control and data acquisition (SCADA) [ ~~SCADA~~ ] system or on a strip chart. Circular strip charts, if used, must be set to record no more than one day's readings per chart.

(B) If there is a failure in the continuous turbidity monitoring equipment, the system must conduct grab sampling every four hours in lieu of continuous monitoring , but for no more than five working days following the failure of the equipment.

(4) Beginning January 1, 2005, systems serving fewer than 10,000 people must monitor the turbidity of the water produced by individual filters with a continuous, on-line turbidimeter and a continuous recorder.

(A) Continuous individual filter turbidity may be recorded electronically by a SCADA system or on a strip chart. Circular strip charts, if used, must be set to record no more than one day's readings per chart.

(B) If there is a failure in the continuous turbidity monitoring equipment, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than 14 working days following the failure of the equipment.

(5) [ ~~(4)~~ ] Through December 31, 2004, systems [ ~~Beginning January 1, 2002, systems~~ ] serving fewer than 10,000 people must monitor the turbidity of the water produced by individual filters by continuously monitoring turbidity levels with an on-line turbidimeter or measuring the turbidity level in grab samples with a benchtop turbidimeter.

(e) Reporting requirements for turbidity. Public water systems shall properly complete and submit periodic reports to demonstrate compliance with this section.

(1) (No change.)

(2) Public water systems which use surface water sources or groundwater sources under the direct influence of surface water, must submit a Monthly Operating Report for Surface Water Treatment Plants (commission Form 0102C) each month. [ ~~Until January 1, 2001, systems must submit commission Form 0102A. After January 1, 2001, systems must submit commission Form 0102C.~~ ]

(3) Public water systems that must complete the additional monitoring required by subsection (c)(5)(A) and (6)(A) of this section must submit a Filter Profile Report for Individual Filters (commission Form 10276) with their Monthly Operating Report for Surface Water Treatment Plants.

(4) Public water systems that must complete the additional monitoring required by subsection (c)(5)(B) and (6)(B) of this section must submit a Filter Assessment Report for Individual Filters (commission Form 10277) with their Monthly Operating Report for Surface Water Treatment Plants.

(5) Public water systems that must complete the additional monitoring required by subsection (c)(5)(C) and (6)(C) of this section must submit a Comprehensive Performance Evaluation Request Form [ ~~Request for Compliance CPE~~ ] (commission Form 10278) with their Monthly Operating Report for Surface Water Treatment Plants.

(6) Periodic reports required by this section must be submitted to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087 by the tenth day of the month following the end of the reporting period.

(f) Compliance determination. Compliance with the requirements of this section shall be determined using the following criteria.

(1)-(2) (No change.)

(3) A [ ~~Beginning on January 1, 2002, a~~ ] public water system that [ ~~serves 10,000 or more people and~~ ] fails to submit the reports required by subsection (e)(3) - (5) of this section commits a reporting violation.

(4) (No change.)

~~[ ~~(5)~~ Until December 31, 2001, a public water system that violates the requirements of subsection (b) (1)(A)(ii) of this section commits a treatment technique violation.]~~

(5) [ ~~(6)~~ ] A [ ~~Beginning January 1, 2002, a~~ ] public water system that violates the requirements of subsection (b)(1) [ ~~(b)(2)(A)~~ ] of this section commits a treatment technique violation.

(6) [ ~~(7)~~ ] A [ ~~Beginning January 1, 2002, a~~ ] system that fails to correct the performance-limiting factors identified in a CPE conducted under [ ~~pursuant to~~ ] the requirements of subsection (c)(5)(C) and (6)(C) of this section commits a violation.

(g) Public notification for turbidity. The owner or operator of a public water system that violates the requirements of this section must notify the executive director and the people served by the system.

(1) (No change.)

(2) A public water system that fails to meet the treatment technique requirements of subsection (b)(1) [ ~~or (2)~~ ] of this section shall notify the executive director by the end of the next business day and the water system customers in accordance with the requirements of §290.122(b) of this title.

(3) (No change.)

§290.117.Regulation of Lead and Copper.

(a) General requirements.

(1)-(2) (No change.)

(3) Action levels for lead and copper are 0.015 mg/L and 1.3 mg/L , respectively. The action levels are exceeded if the concentration of lead and/or copper in more than 10% of the first draw tap water samples collected during any monitoring period is greater that 0.015 mg/L for lead or 1.3 mg/L for copper. If collecting only five samples, the average of the two highest samples shall be used to determine compliance with the action level.

(b)-(c) (No change.)

(d) Computing 90th Percentile Lead and Copper Levels . [ - ] Determination of 90th percentile levels shall be obtained by ranking the results of lead and copper samples collected during a monitoring period in ascending order (lowest concentration equal sample Number 1; highest concentration equal sample Numbers 10, 20, 30, 40, 50, etc), up to the total number of samples collected. The number of samples collected during the monitoring period shall be multiplied by 0.9 and the concentration of lead and copper in the numbered sample yielded by this calculation is the 90th percentile sample contaminant level. The system is in compliance with the lead and/or copper action levels if the 90th percentile sample contaminant level is equal to or less than the action levels specified in subsection (a)(3) of this section. For water systems serving fewer than 101 people, the 90th percentile level is computed by taking the average of the highest two sample results.

(e) Reduced tap monitoring.

(1) The executive director shall notify each water system that it is eligible for reduced monitoring of first draw tap samples if it is in compliance with the 90th percentile lead and copper action levels after completion of 12 consecutive months [ ~~two six-month periods~~ ] of initial tap sampling.

(2)-(4) (No change.)

(5) Any system that demonstrates during the [ ~~two~~ ] initial 12-month [ ~~six-month~~ ] monitoring periods that the 90th percentile lead level is less than or equal to 0.005 mg/L and the 90th percentile copper level is less than or equal to 0.65 mg/L shall have the required frequency of sampling reduced to once every three years and at the reduced number of sampling sites shown in subsection (c)(6) of this title, Table Number 1.

(f) Invalidation of lead or copper tap samples.

(1) (No change.)

(2) The executive director may invalidate a lead or copper tap sample if one of the following conditions is met : [ . ]

(A) the [ ~~The~~ ] laboratory establishes that an analytical error has occurred or that an analytical method requirement has been violated ; [ . ]

(B) the [ ~~The~~ ] executive director determines that the sample was taken from an inappropriate site ; [ . ]

(D) the [ ~~The~~ ] executive director determines that the sample was subject to tampering.

(3)-(4) (No change.)

(g) Monitoring waivers for small water systems.

(1) (No change.)

(2) Any water system serving a population of less than 3,301 [ ~~501~~ ] people that meets the criteria of subparagraphs (A) and (B) of this paragraph may apply to the executive director to reduce the frequency of monitoring for lead and copper to once every nine years.

(A)-(E) (No change.)

(h) Monitoring requirements for water quality parameters (WQPs) [ ~~(WQP's)~~ ] and source water.

(1) Water quality parameters.

(A) All large water systems (serving populations greater than 50,000) are required to conduct [ ~~water quality parameters (WQP)~~ ] monitoring beginning with the initial period of first draw tap samples and continuing until corrosion control is optimized.

(B)-(G) (No change.)

(H) Any [ ~~large~~ ] water system that maintains the range of values for WQP's reflecting optimum corrosion control as approved by the executive director for one-year may collect quarterly distribution samples at the reduced number of distribution sites indicated in subsection (c)(8) of this section, Table Number 2. WQP samples shall continue to be measured at entry points on a biweekly basis and results submitted to the executive director.

(I) Any [ ~~large~~ ] water system that reflects optimal corrosion control treatment during three consecutive years may reduce the frequency at which it collects distribution samples for applicable WQPs [ ~~WQP's~~ ] to annually.

(J) Any [ ~~large~~ ] water system that reflects optimal corrosion control treatment during three consecutive years of annual WQP distribution monitoring may reduce the frequency at which it collects the number of WQP distribution samples for applicable WQPs [ ~~WQP's~~ ] to once every three years. Additionally, the last two consecutive tap sample monitoring periods must have a 90th percentile lead value of less than or equal to 0.005 mg/L and a 90th percentile copper value of less than or equal to 0.65 mg/L. The water system must also have maintained the range of values for WQPs [ ~~WQP's~~ ] reflecting optimal corrosion control as specified in that system's state approved corrosion control study.

(K) Water quality parameter testing must be conducted at a laboratory that uses the methods described in 40 CFR §141.89, and it is the responsibility of the water system to collect, submit , and report these values. If a water system fails to meet the WQP values or ranges specified by the executive director, it is out of compliance with this section. WQP values may be confirmed by the system in accordance with 40 CFR §141.82(g). The state requires that the values be reported, but is not responsible for supplying sample bottles and testing services to the water system.

(L) (No change.)

(M) A water system conducting WQP monitoring may limit entry point sampling to each official entry point as designated in the database for SDWA compliance sampling. The water system must monitor WQPs [ ~~WQP's~~ ] at all entry points regardless of whether corrosion control treatment is required at all entry points or not. The water system must inform the executive director of the identity of treated and non-treated entry points and their seasonal use, if any, and demonstrate that the WQPs [ ~~WQP's~~ ] represent water quality and treatment conditions throughout the system.

(N) Any [ ~~large~~ ] water system subject to reduced monitoring frequency (which has completed installation of approved corrosion control treatment as proposed in the system's corrosion control study) that fails to operate at or above the minimum range of values the system proposed for more than nine days in a six-month period shall resume distribution WQP sampling in accordance with the number and frequency requirements in this subsection [ ~~(h) of this section~~ ]. The system may resume distribution WQP sampling at the reduced number of sites as specified in this subsection [ ~~(h) of this section~~ ] after completing two consecutive six-month periods of distribution WQP sampling at the original frequency and then may follow [ ~~the~~ ] subparagraphs (H) and (J) of this paragraph.

(O) Large water systems shall monitor applicable WQPs [ ~~WQP's~~ ] every calendar quarter beginning after installation of corrosion control treatment approved by the executive director. Small and medium water systems shall monitor WQPs [ ~~WQP's~~ ] every calendar quarter while the system is in exceedance status. The executive director will issue a reporting waiver to small and medium systems for WQPs [ ~~WQP's~~ ] after the system completes two follow up rounds of tap sampling without exceeding either the lead or copper action level. The water system will continue to collect and record certain crucial parameters that will be available for inspection. If a small or medium water system exceeds the lead or copper action level during a reduced tap monitoring round (summer monitoring), the system shall conduct WQP monitoring until the exceedance status is resolved.

(P) (No change.)

(Q) Using WQPs [ ~~WQP's~~ ] proposed by the water system or its representatives, the commission will issue an approval letter if the corrosion control study and treatment proposed meet the requirements of this rule. Water systems will operate within the approved WQP ranges at all times and will conduct lead and copper tap sampling under the requirements in subsection (c) of this section and WQP reporting in this paragraph.

(2) Entry point water sampling.

(A) Entry point water sampling for lead and copper shall be conducted by systems that exceed the lead or copper action levels to determine the lead or copper content of source water. [ ~~This requirement can be satisfied by normally scheduled inorganic chemical sampling in compliance with the monitoring under the SDWA.~~ ] Entry point water samples shall be collected using sample location, number of samples, and collection methods as specified in §290.106 of this title (relating to Inorganic Contaminants). A large water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted according to the requirements in subsection (c) of this section and results of source water monitoring conducted according to requirements in §290.106 [ ~~§290.108~~ ] of this title (relating to Inorganic Contaminants [ ~~Chemical Monitoring and Analytical Requirements~~ ]). The results must demonstrate for a 12-month monitoring period [ ~~two consecutive six-month monitoring periods~~ ] that lead at the 90th percentile is less than or equal to 0.005 mg/L. [ If acceptable entry point water data is not available for large systems, the water lead level at the entry point shall be considered zero mg/L for purposes of determining whether a corrosion control study is required. ]

(B)-(F) (No change.)

(i) Public education requirements.

(1) (No change.)

(2) A community water system [ ~~serving 3,301 or more people~~ ] shall, within 60 days of notification by the commission:

(A)-(F) (No change.)

(G) all community water systems must repeat the public education requirements every six months [ ~~at least once during each calendar year~~ ] for as long as the system exceeds the lead action level; and

(H) (No change.)

(3)-(5) (No change.)

(j) Corrosion control.

(1) All applicable water systems shall install and operate optimal corrosion control treatment, which means the corrosion control treatment that minimizes lead and copper concentrations at users' taps while insuring that the treatment does not cause the system to violate any other drinking water standard. All large water systems that exceeded 0.005 mg/L lead at the 90th percentile during initial monitoring or any system that exceeded the lead or copper action level at the 90th percentile during any tap monitoring sampling round and that has installed corrosion control treatment with approved WQP ranges, must operate and maintain optimal corrosion control within those ranges. Compliance periods for this paragraph are two six-month periods, January 1 to June 30, and July 1 to December 31. A water system is out of compliance with this subsection for a six-month period if the water system has WQP excursions for any approved range for more than nine [ ~~consecutive~~ ] days. An excursion occurs whenever the daily value for one or more WQPs's measured at a sampling location is below the minimum value or outside the range approved by the executive director. The executive director has the discretion to delete results of obvious sampling errors from this calculation. Daily values are calculated as follows . [ : ]

(A) Water [ ~~water~~ ] systems that collect more than one WQP measurement in one day must record the daily value as an average of all WQP values collected during the day regardless of whether the measurements are collected through continuous monitoring, grab sampling, or a combination of both . [ ; ]

(B) On [ on ] days when only one measurement for the WQP is collected at the sampling location, the daily value shall be the result of that measurement . [ ~~; and~~ ]

(C) On [ on ] days when no measurement is collected for the WQP at the sampling location, the daily value last calculated on the most recent day shall serve as the daily value.

(2) (No change.)

(3) Water systems [ ~~Small and medium water systems (serving fewer than 3,301 or serving between 3,301 and 50,000 people, respectively)~~ ] are deemed to have optimized corrosion control if the water system meets the lead and copper action levels during each of two consecutive six-month monitoring periods. These systems will be required to conduct a desk-top corrosion control study to optimize corrosion control if at anytime the 90th percentile action level for lead and/or copper is exceeded. The study must be conducted and submitted within 12 months of a verified lead or copper exceedance. [ ~~18 months after exceedance notification by the executive director for medium-sized water systems and within 24 months after exceedance notification for small water systems.~~ ] If a small or medium water system exceeds either the lead or copper action level during a reduced tap sampling monitoring round, it will adhere to the schedule specified in the paragraph for small and medium systems[ ~~, with time periods for completing each step being triggered by the date the executive director notifies the system that it has exceeded an action level~~ ].

(4) Performance for corrosion control studies.

(A)-(C) (No change.)

(D) On the basis of the evaluation stated in subparagraphs (A) and (B) of this paragraph [ ~~paragraph (4)(A) and (B) of this subsection~~ ], the water system shall recommend to the executive director, in writing, the treatment option that constitutes optimum corrosion control or treatment along with sufficient documentation as required by the executive director to establish the validity of the evaluation procedure. Operational WQP ranges shall be proposed to the executive director where applicable.

(E)-(G) (No change.)

(H) Any system that has received approval for a corrosion control study [ ~~installed corrosion control treatment~~ ] and demonstrates optimal corrosion control and operates in compliance with the executive director-designated optimal water quality parameters, may conduct reduced tap sampling as described in subsection (e) of this section, when written permission is granted by the executive director after the executive director has evaluated all pertinent data. Systems that do not meet the action levels for lead and copper after receiving approval for a corrosion control study [ ~~installing corrosion control treatment~~ ] must continue to operate in accordance with WQP requirements established by the executive director and follow procedures specified in subsection (e)(4) of this section.

(I) (No change.)

(5) (No change.)

(k) Lead service line replacement. The provisions of 40 CFR §141.84 relating to lead service line replacement are adopted by reference. [ ~~For the purposes of this subsection, the term "service line" refers to both the potable water service line and the potable water customer service line.~~ ]

[ ~~(1)~~ Systems that fail to meet the lead action level during follow-up tap sampling after installing corrosion control and/or source water treatment shall meet the requirements in 40 CFR §141.84 and begin to replace annually at least 7% of the lead service lines known to be present in its distribution systems.]

[ ~~(2)~~ The water system shall replace the entire service line (up to the building inlet) unless it demonstrates to the satisfaction of the executive director in writing that it controls less than the entire service line. The written statement must indicate that the water system has none of the following forms of control over the service line: municipal ordinances; public service contracts or applicable legal authority; authority to set standards for construction; repair or maintenance; or ownership. In such a case, the water system shall replace that portion of the lead service line that it controls and notify the owner that it will also replace the building owner's portion of the line. The system is not required to bear the cost of replacing the building owner's portion of the line.]

[ ~~(3)~~ At least 45 days prior to commencing replacement of a lead service line, the water system shall notify all the residents of the building served by that service line that they may experience a temporary increase of lead levels in their drinking water. The water system will also provide information on measures the residents can take to minimize their exposure to lead.]

[ ~~(4)~~ Lead service line means a service line which is made all or in part of lead and connects the water main to the building inlet including any lead pigtail, gooseneck, or other fitting which is connected to such line.]

[ ~~(5)~~ The system may cease replacing lead service lines whenever subsequent 90th percentile first- draw-tap sampling in two consecutive monitoring periods is less than the lead action level. Lead service line replacement shall immediately resume if first-draw-tap samples exceed the 90th percentile lead action/level.]

(l) (No change.)

(m) Reporting and recordkeeping requirements.

(1) Reporting requirements.

(A)-(F) (No change.)

(G) A water system must collect tap samples from the same sampling sites selected during the initial monitoring period for all subsequent sampling periods. If a water system changes a sampling site for any reason allowed in this section [ ~~rule~~ ], the water system must provide the executive director with a written explanation showing which sampling site will be abandoned and the sampling site that replaces the abandoned sampling site. The water system's report shall include an explanation as to why a sampling site was changed from the previous round of sampling, if applicable. If a water system discovers that a sample has been collected at an inappropriate sampling site, the water system may request in writing that the sample be invalidated. The executive director may invalidate the sample and allow for recollection. If a water system has no sampling sites available that meet the first draw criteria specified in subsection (c) of this section , they shall proceed in accordance with 40 CFR §141.90(a)(2).

(H) (No change.)

(2) (No change.)

§290.121.Monitoring Plans.

(a) (No change.)

(b) Monitoring plan requirements. The monitoring plan shall identify all sampling locations, describe the sampling frequency, and specify the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements of this subchapter.

(1) Monitoring locations. The monitoring plan shall include information on the location of all required sampling points in the system. Required sampling locations for regulated chemicals are provided in §290.106 of this title (relating to Inorganic Contaminants), §290.107 of this title (relating to Organic Contaminants), §290.108 of this title (relating to Radiological Sampling and Analytical Requirements), §290.109 of this title (relating to Microbial Contaminants), §290.110 of this title (relating to Disinfectant Residuals), §290.111 of this title (relating to Turbidity), §290.112 of this title (relating to Total Organic Carbon (TOC)), §290.113 of this title (relating to Disinfection By-products (TTHM and HAA5)), §290.114 of this title (relating to Disinfection By-products other than TTHM and HAA5), §290.115 of this title (relating to Transition Rule for Disinfection By-products), §290.117 of this title (relating to Regulation of Lead and Copper), and §290.118 of this title (relating to Secondary Constituent Levels).

(A) The location of each sampling site at a treatment plant or pump station must be designated on a plant schematic. The plant schematic must show all water pumps, flow meters, unit processes, chemical feed points, and chemical monitoring points. The plant schematic must also show the origin of any flow stream that is recycled at the treatment plant, any pretreatment that occurs before the recycle stream is returned to the primary treatment process, and the location where the recycle stream is reintroduced to the primary treatment process.

(B)-(D) (No change.)

(2)-(4) (No change.)

(5) The monitoring plan shall include a written description of the methods used to calculate compliance with all maximum contaminant levels, maximum residual disinfectant levels, [ ~~MCLs, MRDLs~~ ], and treatment techniques that apply to the system.

(c)-(e) (No change.)

§290.122.Public Notification.

(a) Public notification requirements for acute violations. The owner or operator of a public water system must notify persons served by their system of any maximum contaminant limit (MCL), maximum residual disinfectant level (MRDL), [ ~~MCL~~ ] or treatment technique violation that poses an acute threat to public health. Each notice required by this section must meet the requirements of subsection (d) of this section.

(1) Violations that pose an acute threat to public health include:

(A) a [ A ] violation of the acute MCL for microbial contaminants as defined in §290.109(f)(1) of this title (relating to Microbial Contaminants);

(B) a [ A ] treated water turbidity level above 5.0 Nephelometric Turbidity Unit [ ~~NTU~~ ] in the combined filter effluent of a treatment plant that is treating surface water or groundwater under the direct influence of surface water;

(C) a [ A ] violation of the MCL for nitrate or nitrite as defined in §290.106(f)(2) of this title (relating to Inorganic Contaminants);

(D) a [ A ] violation of the acute MRDL for chlorine dioxide as defined in §290.110(f)(5)(A) or (B) of this title (relating to Disinfectant Residuals);

(E) occurrence [ ~~Occurrence~~ ] of a waterborne disease outbreak; and

(F) other [ ~~Other~~ ] violations deemed by the executive director to pose an acute risk to human health.

(2) The initial acute public notice and boil water notice required by this subsection shall be issued as soon as possible , but in no case later than 24 hours after the violation is identified. The initial public notice for an acute violation shall be issued in the following manner.

(A) The owner or operator of a water system with an acute microbiological or turbidity violation as described in paragraph (1)(A) or (B) of this subsection shall include a boil water notice issued in accordance with the requirements of §290.46(q) [ ~~§290.46(s)~~ ] of this title (relating to Minimum Acceptable Operating Practices for Public Drinking Water Systems).

(B) (No change.)

(C) The owner or operator of a community water system shall publish the notice in a daily newspaper of general circulation in the area served by the system. If the area is not served by a daily newspaper of general circulation, notice shall instead be issued by direct [ ~~hand~~ ] delivery or by continuous posting in conspicuous places within the area served by the system.

(D) The owner or operator of a noncommunity water system shall issue the notice violation by direct [ ~~hand~~ ] delivery or by continuously posting the notice in conspicuous places within the area served by the water system.

(E) If notice is provided by posting, the posting must remain in place for as long as the violation exists or seven days, whichever is longer.

(3) The owner or operator of a water system required to issue an initial notice for an acute MCL or treatment technique violation shall issue additional notices. The additional public notices for acute violations shall be issued in the following manner.

(A)-(B) (No change.)

(C) If the owner or operator of a noncommunity water system issued the initial notice by continuous posting, posting must continue for as long as the violation exists and in no case less than seven days . If the owner or operator of a noncommunity water system issued the initial notice by direct [ ~~hand~~ ] delivery, notice by direct [ ~~hand~~ ] delivery must be repeated at least every three months for as long as the violation exists.

(4)-(5) (No change.)

(b) Public notification requirements for other MCL, MRDL, or treatment technique violations and for variance and exemption violations. The owner or operator of a public water system must notify persons served by their system of any MCL, MRDL, or treatment technique violation other than those described in subsection (a)(1) of this section and of any violation involving a variance or exemption requirement. Each notice required by this section must meet the requirements of subsection (d) of this section.

(1) (No change.)

(2) The initial public notice for any violation identified in this subsection must be issued as soon as possible , but in no case later than 30 days after the violation is identified. The initial public notice shall be issued in the following manner.

(A) The owner or operator of a community water system shall issue the notice by: [ publish the notice in a daily newspaper of general circulation in the area served by the system. If the area served by the public water system is not served by a daily newspaper of general circulation, the notice shall be published in a weekly newspaper of general circulation serving the area. If the area is not served by either a daily or weekly newspaper of general circulation, notice shall instead be issued by hand delivery or by continuous posting in conspicuous places within the area served by the system. ]

(i) mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and

(ii) any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in clause (i) of this subparagraph. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.) Other methods may include: publication in a local newspaper; delivery of multiple copies for distribution by customers that provide drinking water to others (e.g., apartment building owners or large private employers); continuous posting in conspicuous public places within the area served by the system or on the Internet; or delivery to community organizations.

(B) The owner or operator of a noncommunity water system shall issue the notice by direct [ ~~hand~~ ] delivery or by continuously posting the notice in conspicuous places within the area served by the system.

(C) If notice is provided by posting, the posting must remain in place for as long as the violation exists or seven days, whichever is longer.

(3) The owner or operator of a system required to issue an initial violation notice shall issue additional notices. The additional notices shall be issued in the following manner.

[ ~~(A)~~ Not later than 45 days after the violation, the owner or operator of a community water system shall notify persons served by the system using mail (by direct mail or with the water bill) or hand delivery. The executive director may waive mail or hand delivery if it is determined the violation was corrected within the 45-day period. The executive director must make the waiver in writing and within the 45-day period.]

(A) [ ~~(B)~~ ] The owner or operator of a community water system must issue a notice at least once every three months by mail delivery (by direct mail or with the water bill) or by direct [ ~~hand~~ ] delivery, for as long as the violation exists.

(B) [ ~~(C)~~ ] If the owner or operator of a noncommunity water system issued the initial notice by continuously posting the notice, the posting must continue for as long as the violation exists , and in no case less than seven days . If the owner or operator of a noncommunity water system issued the initial notice by direct [ ~~hand~~ ] delivery, notice by direct [ ~~hand~~ ] delivery must be repeated at least every three months for as long as the violation exists.

(4) (No change.)

(c) Public notification requirements for other violations, variances, exemptions. The owner or operator of a public water system who fails to perform monitoring required by this chapter [ ~~these standards~~ ], fails to comply with a testing procedure established by this chapter, or is subject to a variance or exemption granted under §290.102(b) of this title shall notify persons served by the system. Each notice required by this section must meet the requirements of subsection (d) of this section.

(1) Violations that require notification as described in this section include:

(A) exceedance of the secondary constituent levels (SCL) [ ~~SCL~~ ] for flouride;

(B) (No change.)

(D) operating under a variance or exemption granted under §290.102(b) of this title ; and

(E) failure to maintain records on recycle practices as required by §290.46(f)(3)(C)(iii) of this title.

(2) The initial public notice issued pursuant to this section shall be issued within three months of the violation or the granting of a variance or exemption. The initial public notice shall be issued in the following manner.

(A) The owner or operator of a community water system shall publish the notice in a daily newspaper of general circulation in the area served by the system. If the area served by the public water system is not served by a daily newspaper of general circulation, the notice shall instead be published in a weekly newspaper of general circulation serving the area. If the area is not served by a either a daily or weekly newspaper of general circulation, notice shall instead be given by direct [ ~~hand~~ ] delivery or by continuous posting in conspicuous places within the area served by the system.

(C) If notice is provided by posting, the posting must remain in place for as long as the violation exists or seven days, whichever is longer.

(3) The owner or operator of a system required to issue an initial violation notice shall issue additional notices. The additional notices shall be issued in the following manner.

(A) (No change.)

(B) If the owner or operator of a noncommunity water system issued the initial notice by continuously posting the notice, the posting must continue for as long as the violation exists, and in no case less than seven days . If the owner or operator of a noncommunity water system issued the initial notice by direct [ ~~hand~~ ] delivery, notice by direct [ ~~hand~~ ] delivery must be repeated at least every three months for as long as the violation exists.

(4) (No change.)

(d) Each public notice must conform to the following general requirements.

(1)-(2) (No change.)

(3) For notices required under subsections (a), (b), or (c)(1)(A) of this section [ ~~subsection (a) or (b) of this subsection~~ ], the notice must describe potential adverse health effects.

(A) For MCL, MRDL, or treatment technique violations [ ~~requirements~~ ], the notice must contain the mandatory federal contaminant-specific language contained in 40 Code of Federal Regulations (CFR) Subpart Q, Appendix B [ ~~CFR §141.32~~ ], in addition to any language required by the executive director.

(B) For fluoride SCL violations, the notice must contain the mandatory federal contaminant-specific language contained in 40 CFR §141.208, in addition to any language required by the executive director.

(C) [ ~~(B)~~ ] The notice must describe the population at risk, especially subpopulations particularly vulnerable if exposed to the given contaminant.

(4)-(8) (No change.)

(9) Systems with variances or exemptions must notify in accordance with 40 CFR §141.205(b).

(e) (No change.)

(f) Proof of public notification. A copy of any public notice required under this section must be submitted to the executive director within ten days of its distribution as proof of public notification. The copies must be mailed to the Texas Commission on Environmental Quality [ ~~Texas Natural Resource Conservation Commission~~ ], Water Supply Division, MC 155, P.O. Box 13087, Austin, Texas 78711-3087.

(g) Notice to consecutive systems. A public water system that is required to notify its customers must also provide a copy of the notification to any public water systems that purchase or otherwise receive water from it in the same manner in which they inform their customers. Each public water system that is affected by the subject of the notification is responsible for notification to its own customers.

(h) Notices given by the executive director. The executive director may give the notice required by this section on behalf of the owner and operator of the public water system following the requirements of this section. The owner or operator of the public water system remains responsible for ensuring that the requirements of this section are met.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 28, 2003.

TRD-200304536

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 7, 2003

For further information, please call: (512) 239-6087