Sufficiency of service. Each retail public utility which provides
water service shall plan, furnish, operate, and maintain production,
treatment, storage, transmission, and distribution facilities of sufficient
size and capacity to provide a continuous and adequate supply of water
for all reasonable consumer uses.
(1) The water system quantity and quality requirements
of the TCEQ shall be the minimum standards for determining the sufficiency
of production, treatment, storage, transmission, and distribution
facilities of water suppliers and the safety of the water supplied
for household usage. Additional capacity shall be provided to meet
the reasonable local demand characteristics of the service area, including
reasonable quantities of water for outside usage and livestock.
(2) In cases of drought, periods of abnormally high
usage, or extended reduction in ability to supply water due to equipment
failure, to comply with a state agency or court order on conservation
or other reasons identified in the utility's approved drought contingency
plan required by 30 TAC §288.20 (relating to Drought Contingency
Plans for Municipal Uses by Public Water Suppliers), restrictions
may be instituted to limit water usage in accordance with the utility's
approved drought contingency plan. For utilities, these temporary
restrictions must be in accordance with an approved drought contingency
plan. Unless specifically authorized by TCEQ, retail public utilities
may not use water use restrictions in lieu of providing facilities
which meet the minimum capacity requirements of 30 TAC Chapter 290
(relating to Public Drinking Water), or reasonable local demand characteristics
during normal use periods, or when the system is not making all immediate
and necessary efforts to repair or replace malfunctioning equipment.
(A) A utility must file a copy of its TCEQ-approved
drought contingency plan with the utility's approved tariff. The utility
may not implement mandatory water use restrictions without an approved
drought contingency plan unless authorized by the TCEQ. If TCEQ provides
such authorization, the utility must provide immediate notice to the
commission.
(B) Temporary restrictions must be in accordance with
the utility's approved drought contingency plan on file or specifically
authorized by the TCEQ. The utility shall file a copy of any status
report required to be filed with the TCEQ with the commission at the
same time it is required to file the report with the TCEQ.
(C) The utility must provide written notice to each
customer in accordance with the drought contingency plan prior to
implementing the provisions of the plan. The utility must provide
written notice to the commission prior to implementing the provisions
of the plan.
(3) A retail public utility that possesses a certificate
of public convenience and necessity that is required to file a planning
report with the TCEQ under requirements in 30 TAC Chapter 290, Subchapter
D (relating to Rules and Regulations for Public Water Systems) shall
also file a copy of the planning report with the commission at the
same time it is required to file the report with the TCEQ.
(A) If the TCEQ waives or limits the reporting requirements,
the utility shall file with the commission within ten days a notice
that the reporting requirements have been waived or limited, including
a copy of any order or other authorization.
(B) A retail public utility shall file a copy of any
updated or amended plan or report required to be filed under this
section.
(C) Submission of this report shall not relieve the
retail public utility from abiding by the requirements of other regulatory
agencies as set forth in §24.203 of this title (relating to Requirements
by Others).
(4) Each retail public utility which possesses or is
required to possess a certificate of convenience and necessity shall
furnish safe water which meets TCEQ's minimum quality criteria for
drinking water.
(5) Every retail public utility shall maintain its
facilities to protect them from contamination, ensure efficient operation,
and promptly repair leaks.
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