| (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, §341.035, that has a history of
noncompliance with THSC, Chapter 341, Subchapter C or commission rules,
or that is subject to a commission enforcement action to take the
following action:
(1) 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 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.
(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.
(o) Emergency Preparedness Plans for Affected Utilities.
(1) Each public water system that is also an affected
utility and that exists as of November 1, 2011 is required to adopt
and submit to the executive director an emergency preparedness plan
in accordance with §290.45 of this title and using the template
in Appendix J of §290.47 of this title or another emergency preparedness
plan that meets the requirements of this subchapter no later than
February 1, 2012. Emergency preparedness plans are required to be
prepared under the direction of a licensed professional engineer when
an affected utility has been granted or is requesting an alternative
capacity requirement in accordance with §290.45(g) of this title,
or is requesting to meet the requirements of TWC, §13.1395, as
an alternative to any rule requiring elevated storage, or as determined
by the executive director on a case by case basis.
(2) Each affected utility that supplies, provides,
or conveys surface water to wholesale customers shall include in its
emergency preparedness plan under this subsection provisions for the
actual installation and maintenance of automatically starting auxiliary
generators or distributive generation facilities for each raw water
intake pump station, water treatment plant, pump station, and pressure
facility necessary to provide water to its wholesale customers.
(3) The executive director shall review an emergency
preparedness plan submitted under this subsection. If the executive
director determines that the plan is not acceptable, the executive
director shall recommend changes to the plan. The executive director
must make its recommendations on or before the 90th day after the
executive director receives the plan. In accordance with the commission
rules, an emergency preparedness plan must include one of the options
listed in §290.45(h)(1)(A) - (H) of this title.
(4) Not later than June 1, 2012, each affected utility
shall implement the emergency preparedness plan approved by the executive
director.
(5) An affected utility may file with the executive
director a written request for an extension not to exceed 90 days,
of the date by which the affected utility is required under this subsection
to submit the affected utility's emergency preparedness plan or of
the date by which the affected utility is required under this subsection
to implement the affected utility's emergency preparedness plan. The
executive director may approve the requested extension for good cause
shown.
(6) The executive director may grant a waiver of the
requirements for emergency preparedness plans to an affected utility
if the executive director determines that compliance with this section
will cause a significant financial burden on customers of the affected
utility. The affected utility shall submit financial, managerial,
and technical information as requested by the executive director to
demonstrate the financial burden.
|
| Source Note: The provisions of this §290.39 adopted to be effective October 1, 1992, 17 TexReg 6455; amended to be effective November 3, 1995, 20 TexReg 8620; amended to be effective February 4, 1999, 24 TexReg 731; amended to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective December 10, 2009, 34 TexReg 8744; amended to be effective May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849 |
