| (5) Although elevated storage is the preferred method
of pressure maintenance for systems of over 2,500 connections, it
is recognized that local conditions may dictate the use of alternate
methods utilizing hydropneumatic tanks and on-site emergency power
equipment. Alternative capacity requirements to the elevated storage
requirements may be obtained based on request to and approval by the
executive director. Special conditions apply to systems qualifying
for an elevated storage alternative capacity requirement.
(A) The system must submit documentation sufficient
to assure that the alternate method of pressure maintenance is capable
of providing a safe and uninterrupted supply of water under pressure
to the distribution system during all demand conditions.
(i) A signed and sealed statement by a licensed professional
engineer must be provided which certifies that the pressure maintenance
facilities are sized, designed, and capable of providing a minimum
pressure of at least 35 psi at all points within the distribution
network at flow rates of 1.5 gpm per connection or greater. In addition,
the engineer must certify that the emergency power facilities are
capable of providing the greater of the average daily demand or 0.35
gpm per connection while maintaining distribution pressures of at
least 35 psi, and that emergency power facilities powering production
and treatment facilities are capable of supplying at least 0.35 gpm
per connection to storage.
(ii) The system's licensed professional engineer must
conduct a hydraulic analysis of the system under peak conditions.
This must include an analysis of the time lag between the loss of
the normal power supply and the commencement of emergency power as
well as the minimum pressure that will be maintained within the distribution
system during this time lag. In no case shall this minimum pressure
within the distribution system be less than 20 psi. The results of
this analysis must be submitted to the executive director for review.
(iii) For existing systems, the system's licensed professional
engineer must provide continuous pressure chart recordings of distribution
pressures maintained during past power failures, if available. The
period reviewed shall not be less than three years.
(iv) A public water system that is an affected utility
must conduct the modeling requirements contained in clauses (i) -
(iii) of this subparagraph using the requirements specified in subsection
(h) of this section.
(B) Emergency power facilities must be maintained and
provided with necessary appurtenances to assure immediate and dependable
operation in case of normal power interruption. A public water system
that is an affected utility must meet the requirements specified in
subsection (h) of this section.
(i) The facilities must be serviced and maintained
in accordance with level 2 maintenance requirements contained in the
current NFPA 110 Standard and the manufacturers' recommendations.
(ii) The switching gear must be capable of bringing
the emergency power generating equipment on-line during a power interruption
such that the pressure in the distribution network does not fall below
20 psi at any time.
(iii) The minimum on-site fuel storage capacity shall
be determined by the fuel demand of the emergency power facilities
and the frequency of fuel delivery. An amount of fuel equal to that
required to operate the facilities under-load for a period of at least
eight hours must always be maintained on site.
(iv) Residential rated mufflers or other means of effective
noise suppression must be provided on each emergency power motor.
(C) Battery-powered or uninterrupted power supply pressure
monitors and chart recorders which are configured to activate immediately
upon loss of normal power must be provided for pressure maintenance
facilities. These records must be kept for a minimum of three years
and made available for review by the executive director. Records must
include chart recordings of all power interruptions including interruptions
due to periodic emergency power under-load testing and maintenance.
(D) An emergency response plan must be submitted detailing
procedures to be followed and individuals to be contacted in the event
of loss of normal power supply.
(6) Any alternative capacity requirement granted under
this subsection is subject to review and revocation or revision by
the executive director. If permission to use an alternative capacity
requirement is revoked, the public water system must meet the applicable
minimum capacity requirements of this section.
(A) The following conditions, if attributable to the
alternative capacity requirements, may constitute grounds for revocation
or revision of established alternative capacity requirements or for
denial of new requests, if the condition occurred within the last
(i) documented pressure below 35 psi at any time not
related to line repair, except during fire fighting when it cannot
be less than 20 psi;
(ii) water outages due to high water usage;
(iii) mandatory water rationing due to high customer
demand or overtaxed water production or supply facilities;
(iv) failure to meet a minimum capacity requirement
or an established alternative capacity requirement;
(v) changes in water supply conditions or usage patterns
which create a potential threat to public health; or
(vi) any other condition where the executive director
finds that the alternative capacity requirement has compromised the
public health or resulted in a degradation of service or water quality.
(B) If the executive director finds any of the conditions
specified in subparagraph (A) of this paragraph, the process for revocation
or revision of an alternative capacity requirement shall be as follows,
unless the executive director finds that failure of the service or
other threat to public health and safety is imminent under subparagraph
(C) of this paragraph.
(i) The executive director must mail the public drinking
water system written notice of the executive director's intent to
revoke or revise an alternative capacity requirement identifying the
specific reason(s) for the proposed action.
(ii) The public water system has 30 days from the date
the written notice is mailed to respond to the proposed action.
(iii) The public water system has 30 days from the
date the written notice is mailed to request a meeting with the agency's
public drinking water program personnel to review the proposal. If
requested, such a meeting must occur within 45 days of the date the
written notice is mailed.
(iv) After considering any response from or after any
requested meeting with the public drinking water system, the executive
director must mail written notification to the public drinking water
system of the executive director's final decision to continue, revoke,
or revise an alternative capacity requirement identifying the specific
reason(s) for the decision.
(C) If the executive director finds that failure of
the service or other threat to public health and safety is imminent,
the executive director may issue written notification of the executive
director's final decision to revoke or revise an alternative capacity
requirement at any time.
(h) Affected utilities. This subsection applies to
all affected utilities and is in addition to any other requirements
pertaining to emergency power requirements found in this subchapter.
(1) Affected utilities must provide one of the following
options of sufficient power to meet the capacity requirements of paragraph
(1) or (2) of this subsection, whichever is applicable, and in accordance
with the affected utility's approved emergency preparedness plan:
(A) the maintenance of automatically starting auxiliary
(B) the sharing of auxiliary generator capacity with
one or more affected utilities;
(C) the negotiation of leasing and contracting agreements,
including emergency mutual aid agreements with other retail public
utilities, exempt utilities, or providers, or conveyors of potable
or raw water service, if the agreements provide for coordination with
the division of emergency management in the governor's office;
(D) the use of portable generators capable of serving
multiple facilities equipped with quick-connect systems;
(E) the use of on-site electrical generation or electrical
distributed generation facilities;
(F) hardening of the electric transmission and electric
distribution system against damage from natural disasters during an
extended power outage;
(G) for existing facilities, the maintenance of direct
engine or right angle drives; or
(H) any other alternative determined by the executive
director to be acceptable.
(2) Each affected utility that supplies, provides,
or conveys surface water to wholesale customers shall install and
maintain automatically starting auxiliary generators or distributive
generation facilities for each raw water intake pump station, water
treatment plant, pump station, and pressure facility necessary to
provide water to its wholesale customers.
(3) Emergency generators used as part of an approved
emergency preparedness plan must be maintained, tested, and operated
in accordance with the manufacturer's specifications.
(4) An affected utility may adopt and is encouraged
to enforce limitations on water use while the utility is providing
(5) As soon as safe and practicable following the occurrence
of a natural disaster, an affected utility must operate in accordance
with its approved emergency preparedness plan, which may include using
elevated storage. An affected utility may meet the requirements of
Texas Water Code, §13.1395, including having a currently approved
emergency preparedness plan, in lieu of any other rules regarding
elevated storage requirements, provided that, under normal operating
conditions, the affected utility continues to meet the pressure requirements
of §290.46(r) of this title and the production, treatment, total
storage and service pump capacity requirements of this subchapter.
(6) An affected utility must maintain on-site, or make
readily available during emergency operations, an amount of fuel necessary
to operate any required emergency power equipment necessary to maintain
|Source Note: The provisions of this §290.45 adopted to be effective October 1, 1992, 17 TexReg 6455; amended to be effective November 3, 1995, 20 TexReg 8620; amended to be effective February 4, 1999, 24 TexReg 731; amended to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective January 30, 2003, 28 TexReg 697; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective December 10, 2009, 34 TexReg 8744; amended to be effective September 11, 2014, 39TexReg7145; amended to be effective July 30, 2015, 40 TexReg 4769