| (ii) A community system serving a population greater
than 100,000 shall post and retain material on a publicly accessible
website.
(iii) The community system shall repeat the press release
task in paragraph (2)(A)(vii) of this subsection twice every 12 months
on a schedule agreed upon with the executive director.
(B) Frequency and timing of public education activities
for nontransient, noncommunity systems. A nontransient, noncommunity
water system shall maintain the posting required by repeat the tasks
contained in paragraph (3) of this subsection at least once during
each calendar year in which the system exceeds the lead action level.
Posted materials must remain posted until the system no longer exceeds
the lead action level, and the executive director informs the system
that the posting may be discontinued.
(C) Extension to public education start date. A nontransient,
noncommunity system may request, and the executive director can approve,
an extension for starting public education beyond the 60-day requirement
on a case-by-case basis. The request and approval must be made in
writing prior to the 60-day deadline.
(D) Discontinuing public education. A system may discontinue
delivery of public education materials if the system has met the lead
action level during the most recent six-month monitoring period conducted
pursuant to subsection (c) of this section. Such a system shall recommence
public education in accordance with this section if it subsequently
exceeds the lead action level during any monitoring period.
(5) Notifying the executive director of public education
activities. Any water system that is subject to the public education
requirements of this subsection shall, within ten days after the end
of each period in which the system is required to perform public education,
send written documentation to the executive director containing all
the elements in this paragraph.
(A) The system must provide documentation that the
system has delivered the public education materials that meet the
content requirements in paragraph (1) of this subsection and the delivery
requirements in paragraph (2) or (3) of this subsection.
(B) The system must provide a list of all the newspapers,
radio stations, television stations, and facilities and organizations
to which the system delivered public education materials during the
period in which the system was required to perform public education
tasks.
(C) The system must resubmit certification of delivery
of public education materials every time it distributes materials.
Unless required by the executive director, a system that previously
has submitted the information required by subparagraphs (A) and (B)
of this paragraph need not resubmit the information as long as there
have been no changes in the distribution list.
(l) Compliance determination. All applicable water
systems shall determine compliance based on monitoring and reporting
requirements established in this section or contained in 40 CFR Part
141, Subpart I.
(1) Compliance determination with action levels of
subsection (b) of this section for lead and copper shall be based
on the 90th percentile as described in this paragraph.
(A) The 90th percentile lead and copper levels shall
be computed as provided in this subparagraph:
(i) 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
is sample Number 1; highest concentration are samples Numbers 10,
20, 30, 40, 50, and so on), up to the total number of samples collected.
(ii) The number of samples collected during the monitoring
period shall be multiplied by 0.9. The concentration of lead and copper
in sample with the number yielded by this calculation is the 90th
percentile level, for systems serving 100 or more people.
(iii) For water systems serving fewer than 100 people,
the 90th percentile level is computed by taking the average of the
highest two sample results.
(iv) For a public water system that has been allowed
by the executive director to collect fewer than five samples in accordance
with subsection (c)(1)(F) of this section, the sample result with
the highest concentration is considered the 90th percentile value.
(B) A sample invalidated under this section does not
count toward determining lead or copper 90th percentile levels or
toward meeting the minimum number of tap sample requirements.
(C) Monitoring approved by the executive director and
conducted by systems in addition to the minimum requirements of this
section shall be considered by the executive director in making any
determination of compliance.
(D) The system is in compliance with the lead or copper
action levels if the 90th percentile level of lead or copper, respectively,
is equal to or less than the action levels specified in subsection
(b)(1) of this section.
(2) Compliance determination for water quality parameters.
If a water system fails to meet the OWQP values or ranges approved
by the executive director, it is out of compliance with this section.
WQP confirmation sample results will be included in compliance determination.
(A) A OWQP-range excursion occurs whenever the daily
value for one or more WQPs measured at a sampling location is below
a minimum value or outside a 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.
(i) 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.
(ii) 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.
(iii) 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.
(B) 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 OWQP excursions for any approved range for
more than nine days during that period.
(C) The results of any monitoring conducted in addition
to the minimum requirements of this section shall be considered by
the system and the executive director in making any determinations
under this section.
(D) The executive director may delete results of obvious
sampling errors from this calculation.
(3) Compliance determination for source water treatment.
A system required to install and operate source water treatment for
lead or copper under subsection (g) of this section is out of compliance
if the level of lead or copper in any sample collected under subsection
(d)(2)(D)(v) of this section is greater than the MPL designated by
the executive director. The initial and confirmation sample shall
be averaged in determining compliance. Any sample value below the
method detection limit shall be considered to be zero. Any value above
the method detection limit but below the PQL shall either be considered
as the measured value or be considered one-half the PQL.
(4) Compliance determination for public education.
Failure to deliver public education materials required under subsection
(k) of this section to customers is a public notification violation.
Failure to certify delivery of public education materials to the executive
director is a reporting violation.
(5) Failure to conduct or report any requirements of
this section shall constitute a monitoring, reporting or treatment
technique violation and shall be a violation of these standards.
(m) Lead service line replacement. The provisions of
40 CFR §141.84 and §141.90(e) relating to lead service line
replacement are adopted by reference. Any system exceeding the lead
action level after implementation of applicable corrosion control
and source water treatment requirements shall complete the lead service
line replacement requirements contained in 40 CFR §141.84. Any
such water system shall submit reports required under 40 CFR §141.90(e).
(n) Additional sampling. The executive director may
require systems to sample at additional times or locations in order
to ensure that systems maintain minimal levels of corrosion in the
distribution system.
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| Source Note: The provisions of this §290.117 adopted 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 May 15, 2011, 36 TexReg 2860; amended to be effective March 30, 2017, 42 TexReg 1466 |
