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RULE §265.308Closure of a Public Interactive Water Feature and Fountain

(a) A county, a municipality, or the department may by order close, for the period specified in the order, a public interactive water feature or fountain (PIWF), if:

  (1) the operation of the PIWF violates this subchapter;

  (2) the operation of the PIWF violates a permitting or inspection requirement imposed under the Act, this subchapter, or as authorized by the Act or this subchapter; or

  (3) the water in the PIWF tests positive for the presence of Cryptosporidium.

(b) The closure order is effective immediately with or without notice and without a hearing to the PIWF owner or operator.

(c) If the order is issued under this section without a hearing, the department shall conduct a hearing no later than the 10th calendar day after the closure order to affirm, modify, or set aside the order.

(d) The hearing and appeal are governed by the department's rules in 25 Texas Administrative Code, Chapter 1, Subchapter B, regarding Formal Hearing Procedures, and Government Code, Chapter 2001.

(e) A PIWF shall be considered closed when the following conditions are met:

  (1) a notice is posted at the public entrance of the PIWF notifying the public that the PIWF is closed; and

  (2) water is shut off to all features of the PIWF.

(f) When water from a PIWF tests positive for the presence of Cryptosporidium the owner or operator shall close the PIWF and notify the appropriate regulatory authority. The PIWF shall not reopen until:

  (1) the PIWF is hyperchlorinated following the Center for Disease Control's (CDC) Recommendations for Aquatics Operators of Treated Venues "Hyperchlorination to Kill Cryptosporidium" available on the CDC's website: www.cdc.gov/healthyswimming/; and

  (2) documentation verifying that proper hyperchlorination procedure was followed by methodology the same as or equivalent to the CDC's "Water Contamination Response Log" available at: www.cdc.gov/healthyswimming/ is supplied to the appropriate regulatory authority.

Source Note: The provisions of this §265.308 adopted to be effective May 20, 2010, 35 TexReg 3828

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