| (B) When the gross alpha particle activity exceeds
5 pCi/L, the same or an equivalent sample shall be analyzed for radium-226
and radium-228.
(C) If a sample result is less than the detection limit,
zero will be used to calculate the annual average, unless a gross
alpha particle activity is being used in lieu of radium-226 and/or
uranium. If the gross alpha particle activity result is less than
detection, one-half the detection limit will be used to calculate
the annual average.
(D) The results of all samples taken and analyzed under
the provisions of this section will be used in determining compliance,
even if that number is greater or less than the minimum required.
(E) If a system fails to complete required increased
monitoring, the executive director may base compliance on all available
sample results.
(F) If the results at one sample site are in violation,
the public water system is in violation.
(G) When confirmation samples are collected, the average
of an initial sample and its confirmation sample must be averaged
for the purposes of determining compliance.
(H) To judge compliance with the MCLs, sample results
must be rounded to the same number of significant figures as the MCL
for the substance in question.
(2) If the average annual MCL for man-made radionuclide
set forth in subsection (b) of this section is exceeded, the system
has committed an MCL violation.
(3) A public water system that fails to conduct the
monitoring tests required by this subsection commits a monitoring
violation.
(4) A public water system that fails to report the
results of the monitoring tests required by this subsection commits
a reporting violation.
(5) A public water system that fails to do a required
public notice or certify that the public notice has been performed
commits a public notice violation.
(g) Public notification. A public water system that
violates the requirements of this section must notify the executive
director and the system's customers, as follows.
(1) A public water system that violates the MCL for
gross alpha particle activity, combined radium-226 and radium-228,
or uranium shall give notice to the executive director and notify
the public as required by §290.122(b) of this title (relating
to Public Notification).
(2) The operator of a community water system that violates
the MCL for man-made radionuclide shall give notice to the executive
director and to the public as required by §290.122(b) of this
title.
(3) A public water system that fails to conduct the
monitoring required by this subsection must notify its customers of
the violation in accordance with the requirements of §290.122(c)
of this title.
(h) Best available technology for radionuclides other
than radon. Best available technology for treatment of violations
of MCLs in subsection (b) of this section are listed in 40 CFR §141.66(g).
(i) Small system compliance technologies (SSCTs) for
radionuclides. SSCTs for radionuclides are listed in 40 CFR §141.66(h)
and may be utilized with commission approval. When point-of-use or
point-of-entry devices are used for compliance, the water system must
develop a program for the long-term operation, maintenance, and monitoring
of the devices to ensure adequate performance.
(j) Bottled water. In accordance with 40 CFR §141.101,
bottled water may be used on a temporary basis only and with approval
by the commission in order to avoid unreasonable risk to health.
|
| Source Note: The provisions of this §290.108 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective December 23, 2004, 29 TexReg 11729; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective March 30, 2017, 42 TexReg 1466 |
