(9) assurances that the commitments and resources needed
for proper operation and maintenance of the system are, and will continue
to be, available, including the qualifications of the organization
and each individual associated with the proposed system;
(10) for retail public utilities as defined by TWC §13.002:
(A) projected rate revenue from residential, commercial,
and industrial customers; and
(B) pro forma income, expense, and cash flow statements;
(11) identification of any appropriate financial assurance,
including those being offered to capital providers;
(12) a notarized statement signed by the owner or responsible
person that the business plan has been prepared under his direction
and that he is responsible for the accuracy of the information; and
(13) other information required by the executive director
to determine the adequacy of the business plan or financial assurance.
(g) Business plans not required. A person is not required
to file a business plan if the person:
(1) is a county;
(2) is a retail public utility as defined by TWC §13.002,
unless that person is a utility as defined by that section;
(3) has executed an agreement with a political subdivision
to transfer the ownership and operation of the water supply system
to the political subdivision;
(4) is a Class A utility, as defined by TWC §13.002,
that has applied for or been granted an amendment of a certificate
of convenience and necessity under TWC §13.258, for the area
in which the construction of the public drinking water supply system
will operate; or
(5) is a noncommunity, non-transient water system and
the person has demonstrated financial assurance under THSC, Chapter
361 or Chapter 382 or TWC Chapter 26.
(h) Beginning and completion of work.
(1) No person may begin construction on a new public
water system before receiving written approval of plans and specifications
and, if required, approval of a business plan from the executive director.
No person may begin construction of modifications to a public water
system without providing notification to the executive director and
submitting and receiving approval of plans and specifications if requested
in accordance with subsection (j) of this section.
(2) The executive director shall be notified in writing
by the design engineer or the owner before construction is started.
(3) Upon completion of the water works project, the
engineer or owner shall notify the executive director in writing as
to its completion and attest to the fact that the completed work is
substantially in accordance with the plans and change orders on file
with the commission.
(i) Changes in previously approved plans and specifications.
Any addenda or change orders which may involve a health hazard or
relocation of facilities, such as wells, treatment units, and storage
tanks, shall be submitted to the executive director for review and
approval.
(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. Significant
changes in existing systems or supplies shall not be instituted without
the prior approval of the executive director.
(1) Public water systems shall submit plans and specifications
to the executive director for the following significant changes:
(A) proposed changes to existing systems which result
in an increase or decrease in production, treatment, storage, or pressure
maintenance capacity;
(B) proposed changes to the disinfection process used
at plants that treat surface water or groundwater that is under the
direct influence of surface water including changes involving the
disinfectants used, the disinfectant application points, or the disinfectant
monitoring points;
(C) proposed changes to the type of disinfectant used
to maintain a disinfectant residual in the distribution system;
(D) proposed changes in existing distribution systems
when the change is greater than 10% of the number of connections,
results in the water system's inability to comply with any of the
applicable capacity requirements of §290.45 of this title, or
involves interconnection with another public water system; and
(E) any other material changes specified by the executive
director.
(2) Public water systems shall notify the executive
director in writing of the addition of treatment chemicals, including
long-term treatment changes, that will impact the corrosivity of the
water. These are considered to be significant changes that require
written approval from the executive director.
(A) Examples of long-term treatment changes that could
impact the corrosivity of the water include the addition of a new
treatment process or modification of an existing treatment process.
Examples of modifications include switching secondary disinfectants,
switching coagulants, and switching corrosion inhibitor products.
Long-term changes can include dose changes to existing chemicals if
the system is planning long-term changes to its finished water pH
or residual inhibitor concentration. Long-term treatment changes would
not include chemical dose fluctuations associated with daily raw water
quality changes.
(B) After receiving the notification, the executive
director will determine whether the submittal of plans and specifications
will be required. Upon request of the executive director, the water
system shall submit plans and specifications in accordance with the
requirements of subsection (d) of this section.
(3) Plans and specifications may not be required for
changes that are specifically addressed in paragraph (1)(D) of this
subsection in the following situations:
(A) 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 internal review staff includes 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 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 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.
(B) Unless plans and specifications are required by
Chapter 293 of this title, the executive director will not require
planning material on distribution line improvements from any public
water system that is required to submit planning material to another
state agency or political subdivision that complies with the requirements
of subparagraph (A) of this paragraph. The notice to the executive
director must include a statement that a state statute or local ordinance
requires the planning materials to be submitted to the other state
agency or political subdivision and a copy of the written certification
that is required in subparagraph (A) of this paragraph.
(4) Public water systems shall notify the executive
director in writing of proposed replacement or change of membrane
modules, which may be a significant change. After receiving the notification,
the executive director will determine whether the submittal of plans
and specifications will be required. Upon request of the executive
director, the system shall submit plans and specifications in accordance
with the requirements of subsection (d) of this section. In its notification
to the executive director, the system shall include the following
information:
(A) The membrane module make/type, model, and manufacturer;
(B) The membrane plant's water source (groundwater,
surface water, groundwater under the direct influence of surface water,
or other);
(C) Whether the membrane modules are used for pathogen
treatment or not;
(D) Total number of membrane modules per membrane unit;
and
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