(a) Applicability. This section applies to Class B,
C, and D utilities.
(b) Notification of violation. The Texas Commission
on Environmental Quality (TCEQ) will notify the commission when a
utility has violated a TCEQ final order by failing to:
(1) provide system capacity greater than the state
and federal required raw water or groundwater production rate or the
anticipated daily demand of the system;
(2) provide a minimum pressure of 35 pounds per square
inch throughout the distribution system under normal operating conditions;
or
(3) maintain accurate or properly calibrated testing
equipment or other means of monitoring the effectiveness of a chemical
treatment or pathogen inactivation or removal process.
(c) Notification to utility. Upon receiving notification
from TCEQ under subsection (b) of this section, the commission will
provide written notice to the utility of the requirement to file the
report required under subsection (d) of this section.
(d) Report required. Except as provided by subsection
(e) of this section, a utility must file a report with the commission
about the utility's financial, managerial, and technical ability to
provide continuous and adequate service not later than three years
after the date that the utility violated a final order of the TCEQ
by failing to meet the requirements described in subsection (b)(1)
- (3) of this section.
(1) The report must include the following information:
(A) a detailed description of the managerial and technical
experience and qualifications of the utility in providing continuous
and adequate service, including improvements to the experience and
qualifications of its personnel since the date of the violation; and
(B) financial assurance information required under §24.11
of this title (relating to Financial Assurance) demonstrating that
the utility has the financial resources to operate and manage the
utility and to provide continuous and adequate service.
(2) For violations that occurred after September 1,
2019, the report must be filed not later than the third anniversary
of the date of the violation, as reported by TCEQ, under subsection
(b) of this section. For violations that occurred between September
1, 2016, and August 31, 2019, the report must be filed not later than
the fifth anniversary of the date of the violation reported by TCEQ
under subsection (b) of this section.
(3) The report must be filed with the commission's
central records under the commission-designated project number.
(4) The commission will deliver a copy of a report
received under this subsection to:
(A) each state senator representing a legislative district
that contains a portion of the service area of the utility that filed
the report; and
(B) each state representative representing a legislative
district that contains a portion of the service area of the utility
that filed the report.
(e) No additional report required. A utility that has
an existing obligation to file a report required by this section is
not required to file a second report as a result of the occurrence
of an additional violation for which notice to the commission was
provided under subsection (b) of this section if the additional violation
occurs before the date that the utility files the report required
by subsection (d) of this section.
(f) Failure to report. If a utility fails to file a
report in accordance with this section, the commission will report
such failure to:
(1) the TCEQ;
(2) each state senator representing a legislative district
that contains a portion of the utility 's service area; and
(3) each state representative representing a legislative
district that contains a portion of the utility's service area.
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