| (9) The results of all routine and repeat distribution
coliform samples or groundwater source samples not invalidated by
the executive director shall be included in determining compliance
with the E. coli MCL as described
in paragraph (1)(A) - (D) of this subsection and whether a coliform
treatment technique trigger has been exceeded as described in subsection
(c) of this section.
(10) The results of all routine and repeat distribution
coliform samples or groundwater source samples invalidated by the
executive director shall not be included in determining compliance
with the E. coli MCL as described
in paragraph (1)(A) - (D) of this subsection and whether a coliform
treatment technique trigger has been exceeded as described in subsection
(c) of this section.
(11) Special purpose samples, such as those taken to
determine whether disinfection practices are sufficient following
pipe placement, replacement, or repair, shall not be used to determine
compliance with the MCL for microbiological contaminants. Special
purpose samples shall not be used to determine whether the coliform
treatment technique trigger has been exceeded as described in subsection
(c) of this section. Coliform samples taken in accordance with subsection
(d)(3) of this section and that are not invalidated under subsection
(e) of this section are not considered special purpose samples.
(12) All seasonal public water systems shall complete
executive director-approved start-up procedures and certification
and maintain a copy of the start-up procedures and certification on-site
at the public water system for inspection purposes. A seasonal system
must certify, prior to serving water to the public, that it has complied
with the executive director-approved start-up procedures. At the executive
director's request, seasonal public water systems shall submit a copy
of the start-up procedures and certification to the executive director
for review purposes. Failure by a seasonal public water system to
complete executive director-approved start-up procedures prior to
serving water to the public is a treatment technique violation. Failure
by a seasonal public water system to maintain or submit certification
of completion of executive director-approved start-up procedures is
a reporting violation.
(13) A public water system commits a treatment technique
violation when a seasonal public water system fails to complete an
executive director-approved start-up procedure prior to serving water
to the public.
(14) A public water system commits a treatment technique
violation when a public water system exceeds a treatment technique
trigger specified in subsection (c) of this section and then fails
to conduct the required assessment or corrective actions within the
timeframe specified in subsection (c) of this section.
(15) A public water system required to conduct an assessment
under the provisions of subsection (c) of this section shall submit
the assessment report to the executive director within 30 days. The
public water system shall notify the executive director in accordance
with subsection (c) of this section when scheduled corrective actions
are complete and for corrective actions not completed by the time
of submission of the assessment form. For corrective actions not completed
by the time of submission of the assessment form to the executive
director, the public water system shall complete corrective actions
in compliance with a timetable approved by the executive director
in consultation with the public water system. The assessment may also
indicate that no sanitary defects were identified.
(16) A public water system that fails to notify the
executive director before the end of the day in accordance with subsection
(h)(3) of this section commits a reporting violation.
(h) Public notification for microbial contaminants.
A public water system that is out of compliance with the requirements
described in this section must notify the public using the procedures
described in §290.122 of this title for microbial contamination.
(1) A public water system that commits an acute MCL
violation for microbial contaminants must notify the public water
system customers in accordance with the boil water notice requirements
of §290.46(q) of this title and the public notice requirements
of §290.122(a) of this title.
(2) A public groundwater system that receives an E. coli (or other approved fecal indicator)
positive source sample that has not been invalidated by the executive
director, or a notice of an E. coli (or
other approved fecal indicator) positive source sample from a wholesale
system, including consecutive systems, must notify the public water
system customers within 24-hours in accordance with the requirements
of §290.122(a) of this title and include notice in the next Consumer
Confidence Report for community public water systems or provide as
a special notice for noncommunity systems in accordance with §290.272(g)(7)
of this title (relating to Content of the Report) for community public
water systems and §290.116(f)(2) of this title for noncommunity
public water systems. Consecutive systems must issue public notice
in accordance with §290.122(g) of this title. The public water
system must continue to notify the public annually until the fecal
contamination in the source water is determined by the executive director
to be corrected as specified under §290.116 of this title.
(3) A public water system that has E. coli (or other approved fecal indicator)
present must notify the executive director by the end of the day when
the public water system is notified of the test result.
(4) A public water system which commits an MCL violation
must report the violation to the executive director immediately after
it learns of the violation, but no later than the end of the next
business day, and notify the public in accordance with §290.122(b)
of this title.
(5) A public water system which commits an E. coli MCL violation shall report the violation
to the executive director immediately after it learns of the violation,
but no later than the end of the day, and notify the public in accordance
with §290.122(a) of this title.
(6) A public water system which has failed to comply
with a coliform monitoring requirement must report the monitoring
violation to the executive director within ten days after the system
discovers the violation and notify the public in accordance with §290.122(c)
of this title.
(7) A public water system that has committed a treatment
technique trigger and assessment requirement for coliforms in subsection
(c)(1) and (2) of this section and commits a treatment technique violation
as described in subsection (g)(15) of this section shall report the
violation to the executive director no later than the end of the next
business day after it learns of the violation, and notify the public
in accordance with §290.122(b) of this title.
(8) A public water system that commits a treatment
technique violation for failure to complete and certify seasonal system
start-up procedures as described in subsection (g)(10) and (11) of
this section shall report the violation to the executive director
no later than the end of the next business day after it learns of
the violation, and notify the public in accordance with §290.122(b)
of this title. In the notification in accordance with §290.122(b)
of this title, if a seasonal system fails to monitor for total coliforms
or E. coli prior to serving water
to the public, it must include the following language: We are required
to monitor your drinking water for specific contaminants on a regular
basis. Results of regular monitoring are an indicator of whether or
not your drinking water meets health standards. During {COMPLIANCE
PERIOD}, we "did not monitor or test" or "did not complete all monitoring
or testing" for {CONTAMINANT(S)}, and therefore cannot be sure of
the quality of your drinking water during that time.
(i) The executive director, pursuant to 40 CFR §141.63(e),
recognizes the following as the best technology, treatment techniques,
or other means available for achieving compliance with the MCL for E. coli as described in subsection (b)(1)(A)
- (D) of this section as follows:
(1) protection of wells from fecal contamination by
appropriate placement and construction;
(2) maintenance of a disinfectant residual throughout
the distribution system;
(3) proper maintenance of the distribution system including
appropriate pipe replacement and repair procedures, main flushing
programs, proper operation and maintenance of storage tanks and reservoirs,
cross-connection control, and continual maintenance of positive water
pressure in all parts of the distribution system;
(4) filtration and disinfection of surface water, as
described in this chapter, or disinfection of groundwater, as described
in chapter, using strong oxidants such as chlorine, chlorine dioxide,
or ozone;
(5) for systems using groundwater, development and
implementation of a Wellhead Protection Program, as directed by the
executive director, and in accordance with the federal Safe Drinking
Water Act, United States Code, §1428; or
(6) the executive director may require additional best
technology, treatment techniques, or other means available for achieving
compliance with the MCL for E. coli as
described in subsection (g)(1) of this section.
|
| Source Note: The provisions of this §290.109 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective November 8, 2012, 37 TexReg 8849; amended to be effective September 12, 2013, 38 TexReg 5880; amended to be effective March 30, 2017, 42 TexReg 1466 |
