| (B) a minimum sufficient water pressure of at least
20 psi.
(4) If a municipality adopts standards for a minimum
sufficient water flow and pressure to fire hydrants, the municipality
must require a utility to maintain at least the minimum sufficient
water flow and pressure described by paragraph (3) of this subsection
in fire hydrants in a residential area located within the municipality
or the municipality's ETJ. If the municipality adopts a fire flow
standard exceeding the minimum standards set in paragraph (3) of this
subsection, the standard adopted by the municipality must be based
on:
(A) the density of connections;
(B) service demands; and
(C) other relevant factors.
(5) If the municipality owns a municipal utility, it
may not require another utility located in the municipality or the
municipality's ETJ to provide water flow and pressure in a fire hydrant
greater than that provided by the municipal utility as determined
by the executive director.
(6) If the municipality does not own a municipal utility,
it may not require a utility located in the municipality or the municipality's
ETJ to provide a minimum sufficient water flow and pressure greater
than the standard established by paragraph (3) of this subsection.
(7) An ordinance under paragraph (2) of this subsection
may not require a utility to build, retrofit, or improve infrastructure
in existence at the time the ordinance is adopted.
(8) A municipality with a population of less than 1.9
million that adopts standards under paragraph (2) of this subsection
or that seeks to use a utility's water for emergency fire suppression
shall enter into a written memorandum of understanding with the utility.
(A) The memorandum of understanding must provide for:
(i) the necessary testing of fire hydrants; and
(ii) other relevant issues pertaining to the use of
the water and maintenance of the fire hydrants to ensure compliance
with this subsection.
(B) The municipality must submit a signed copy of the
memorandum of understanding to the executive director within 60 days
of the execution of the memorandum of understanding between its governing
body and the utility.
(9) A municipality may notify the executive director
of a utility's failure to comply with a standard adopted under paragraph
(3) of this subsection.
(10) On receiving the notice described by paragraph
(9) of this subsection, the executive director shall require a utility
in violation of a standard adopted under this subsection to comply
within a reasonable time established by the executive director.
(z) Nitrification Action Plan (NAP). Any water system
distributing chloraminated water must create a NAP. The system must
create a written NAP that:
(1) contains the system-specific plan for monitoring
free ammonia, monochloramine, total chlorine, nitrite, and nitrate
levels;
(2) contains system-specific action levels of the above
monitored chemicals where action must be taken;
(3) contains specific corrective actions to be taken
if the action levels are exceeded; and
(4) is maintained as part of the system's monitoring
plan in §290.121 of this title.
|
| Source Note: The provisions of this §290.46 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 October 16, 2008, 33 TexReg 8533; amended to be effective December 10, 2009, 34 TexReg 8744; amended to be effective June 10, 2010, 35 TexReg 4726; amended to be effective May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849; amended to be effectiveSeptember 11, 2014, 39 TexReg 7145; amended to be effective July 30, 2015, 40 TexReg 4769 |
