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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 290PUBLIC DRINKING WATER
SUBCHAPTER FDRINKING WATER STANDARDS GOVERNING DRINKING WATER QUALITY AND REPORTING REQUIREMENTS FOR PUBLIC WATER SYSTEMS
RULE §290.109Microbial Contaminants

Assessment source monitoring requirements may include:

      (i) Source monitoring, collected in a manner described in §290.119(b)(10) of this title, for a period of 12 months that represents each month that the system provides groundwater to the public from the raw groundwater source or such time period as specified by the executive director.

      (ii) Collection of samples from each well unless the system has an approved triggered source monitoring plan under subparagraph (B)(ii) of this paragraph.

  (5) Culture analysis. If any routine or repeat sample is total coliform-positive, that total coliform-positive medium will be analyzed to determine if E. coli are present. If E. coli are present, the public water system shall notify the executive director by the end of the day in accordance with subsection (h) of this section.

  (6) Sample Siting Plan requirements. All public water systems shall develop and complete a written Sample Siting Plan as described in this paragraph that identifies routine and repeat microbial sampling sites and a sample collection schedule as required by this subsection that are representative of water throughout the distribution system. The Sample Siting Plan shall include all groundwater sources and any associated sampling points necessary to meet the requirements of this subsection. The Sample Siting Plan shall be included as a part of the public water system's monitoring plan as described in §290.121 of this title. Sample Siting Plans shall be completed in a format specified by the executive director and are subject to review and revision by the executive director.

    (A) All public water systems shall collect routine and repeat samples according to a written Sample Siting Plan. All routine and repeat sample site locations, any required SOP, and any sampling point locations necessary to meet the requirements of this subsection shall be reflected in the written Sample Siting Plan. For community and noncommunity public water systems serving 1,000 or fewer people using only groundwater, the executive director shall evaluate during every sanitary survey (on-site inspection) the water system factors (including but not limited to pertinent water quality, compliance history, distribution system, all the components of a sanitary survey and its findings) to ensure the timeframe during the month, locations, and number of microbial compliance monitoring sample sites are adequate for producing and distributing safe drinking water.

    (B) All public water systems shall include any required SOP for any proposed repeat sampling sites as described in paragraph (3)(C) of this subsection in the Sample Siting Plan. As required by the executive director, the executive director may review, revise, and approve any repeat sampling proposed by public water systems under paragraph (3)(C) of this subsection.

    (C) The Sample Siting Plan shall include a distribution system map or series of maps which identifies distribution system valves and mains as described in §290.46(n)(2) of this title. The distribution system map shall also include the location of all routine microbial sample sites, water main sizes, entry point source locations, water storage facilities, and any pressure plane boundaries.

    (D) All public water systems shall update their written Sample Siting Plan and map as necessary, or as requested by the executive director, to identify the most current microbial routine and repeat sampling sites and a sample collection schedule that are representative of water throughout the public water system's distribution system.

    (E) All public water systems shall maintain a copy of their updated Sample Siting Plan and map on-site at the public water system for inspection purposes and at the request of the executive director, provide a copy of their Sample Siting Plan and/or map to the executive director for review and/or revision purposes.

(e) Analytical and invalidation requirements for microbial contaminants. Analytical procedures shall be performed in accordance with §290.119 of this title. Testing for microbial contaminants shall be performed at a laboratory certified by the executive director. The public water system must use a certified laboratory certified for each method and associated contaminant(s) for compliance analyses in accordance with §290.119 of this title.

  (1) Distribution coliform sample invalidation. The executive director may invalidate a distribution total coliform-positive sample if one of the following conditions is met.

    (A) The executive director may invalidate a sample if the laboratory provides written notice that improper sample analysis caused the total coliform-positive result.

    (B) The executive director may invalidate a sample if the results of repeat samples collected, as required by this section, determine that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The executive director cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected within five service connections of the original tap are total coliform-negative. Under those circumstances, the system may request that the executive director invalidate the sample. The system must provide copies of the routine positive and all repeat samples. The executive director may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative or if the system has only one service connection.

    (C) The executive director may invalidate a sample if there are substantial grounds to believe that the total coliform-positive result is due to a circumstance or condition which does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required by this section, and use them to determine compliance with the E. coli MCL as described in subsection (g) of this section and whether a coliform treatment technique trigger has been exceeded as described in subsection (c) of this section. The system must provide written documentation which must state the specific cause of the total coliform-positive sample, and the action the system has taken, or will take, to correct this problem. The system must obtain the written and signed approval from the executive director before the sample can be invalidated under this condition. The executive director may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

    (D) The executive director may invalidate a sample if the laboratory provides written notice that the sample was unsuitable for analysis and the laboratory invalidated the sample based on the requirements of 40 CFR §141.853(c)(2). When the sample is invalidated under this condition, the system must collect another sample from the same location as the original sample within 24 hours of being notified, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The executive director may waive the 24-hour time limit on a case-by-case basis. Alternatively, the executive director may implement criteria for waiving the 24-hour sampling time limit to use in lieu of case-by-case extension.

    (E) If a sample is invalidated by the laboratory, the public water system must collect another sample from the same location as the original sample within 24 hours of being notified, or as soon as possible if the laboratory is closed, and have it analyzed for the presence of total coliform. The system must continue to resample within 24 hours and have the samples analyzed until it obtains a valid result.

  (2) A groundwater system may obtain invalidation of a fecal indicator positive groundwater source sample if the conditions of subparagraphs (A) and (B) of this paragraph apply. If the executive director invalidates a fecal indicator positive groundwater source sample, the system must collect another source sample as specified in subsection (d)(4) of this section within 24 hours of being notified of the invalidation.

    (A) Notice from the laboratory must document that improper sample analysis occurred. If a laboratory invalidates a sample, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the invalidated sample, and have it analyzed for the presence of E. coli (or other approved fecal indicator). The public water system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. If approved by the executive director, the 24-hour time limit may be extended.

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