| (4) The monochloramine level must be measured to a
minimum accuracy of plus or minus 0.15 mg/L using a procedure that
has the ability to distinguish between monochloramine and other forms
of chloramine.
(5) The nitrate (as nitrogen) level must be measured
to a minimum accuracy of plus or minus 0.1 mg/L.
(6) The nitrite (as nitrogen) level must be measured
to a minimum accuracy of plus or minus 0.01 mg/L.
(e) Reporting requirements. Any owner or operator of
a public water system subject to the provisions of this section is
required to report to the executive director the results of any test,
measurement, or analysis required by this section.
(1) Public water systems exceeding the MRDL for chlorine
dioxide in subsection (b)(3) of this section must report the exceedance
to the executive director within 24 hours of the event.
(2) Public water systems that use surface water sources
or groundwater sources under the direct influence of surface water
must submit a Surface Water Monthly Operating Report (commission Form
0102C), a Surface Water Monthly Operating Report (commission Form
0102D) for alternative technologies, or a Surface Water Monthly Operational
Report for Plants That Do Not Have a Turbidimeter on Each Filter (commission
Form 0103) each month.
(3) Public water systems that use chlorine dioxide
must submit a Chlorine Dioxide Monthly Operating Report (commission
Form 0690) each month.
(4) Public water systems that use purchased water or
groundwater sources only must complete a Disinfection Level Quarterly
Operating Report (commission Form 20067) each quarter.
(A) Community and nontransient, noncommunity public
water systems must submit the Disinfection Level Quarterly Operating
Report each quarter, by the tenth day of the month following the end
of the quarter.
(B) Transient, noncommunity public water systems must
retain the Disinfection Level Quarterly Operating Reports and must
provide a copy if requested by the executive director.
(5) Systems that use chloramines must retain their
NAP required under §290.46(z) of this title and must provide
a copy upon request by the executive director.
(6) Monthly and quarterly reports required by this
section must be submitted to the Water Supply Division, MC 155, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087 by the tenth day of the month following the end of the
reporting period.
(f) Compliance determinations. Compliance with the
requirements of this section shall be determined using the following
criteria.
(1) All samples used for compliance must be obtained
at sampling sites designated in the monitoring plan.
(A) All samples collected at sites designated in the
monitoring plan as microbiological and disinfectant residual monitoring
sites shall be included in the compliance determination calculations.
(B) Samples collected at sites in the distribution
system not designated in the monitoring plan shall not be included
in the compliance determination calculations.
(2) A public water system that fails to conduct the
monitoring tests required by this section commits a monitoring violation.
(3) A public water system that fails to report the
results of the monitoring tests required by this section commits a
reporting violation.
(4) A public water system that uses surface water sources
or groundwater sources under the direct influence of surface water
and fails to meet the requirements of subsection (b)(2) of this section
for a period longer than four consecutive hours commits a nonacute
treatment technique violation. A public water system that fails to
conduct the additional testing required by subsection (c)(1)(B)(iii)
of this section also commits a nonacute treatment technique violation.
(5) A public water system that uses chlorine dioxide
and exceeds the level specified in subsection (b)(3) of this section
violates the MRDL for chlorine dioxide.
(A) If a public water system violates the MRDL for
chlorine dioxide and any of the three additional distribution samples
exceeds the MRDL, the system commits an acute MRDL violation for chlorine
dioxide.
(B) If a public water system violates the MRDL for
chlorine dioxide and fails to collect each of the three additional
distribution samples required by subsection (c)(3) of this section,
the system commits an acute MRDL violation for chlorine dioxide.
(C) If a public water system violates the MRDL for
chlorine dioxide but none of the three additional distribution samples
violates the MRDL, the system commits a nonacute MRDL violation for
chlorine dioxide.
(6) A public water system that fails to meet the requirements
of subsection (b)(4) of this section, in more than 5.0% of the samples
collected each month, for any two consecutive months, commits a nonacute
treatment technique violation. Specifically, the system commits a
nonacute violation if the value "V" in the following formula exceeds
5.0% per month for any two consecutive months:
Attached Graphic
(7) A public water system violates the MRDL for chlorine
or chloramine (measured as total chlorine) if, at the end of any quarter,
the running annual average of monthly averages exceeds the level specified
in subsection (b)(5) of this section.
(8) Public water systems shall increase residual disinfectant
levels of free chlorine, or chloramines measured as total chlorine,
(but not chlorine dioxide) in the distribution system to a level and
for a time necessary to protect public health to address specific
microbiological contamination problems caused by circumstances such
as distribution line breaks, storm runoff events, source water contamination,
or cross-connections. Public water systems shall consult with the
executive director upon increasing residual disinfectant levels in
the distribution system in order to maintain compliance with the MRDLs
listed in subsection (b) of this section.
(9) If a public water system's failure to monitor makes
it impossible to determine compliance with the MRDL for chlorine or
chloramines (measured as total chlorine), the system commits an MRDL
violation for the entire period covered by the annual average.
(10) A public water system that fails to issue a required
public notice or certify that it has issued that notice commits a
violation.
(g) Public notification requirements. The owner or
operator of a public water system that violates the requirements of
this section must notify the executive director and the people served
by the system.
(1) A public water system that fails to meet the requirements
of subsection (b)(3) of this section, shall notify the executive director
within 24 hours of the event and the customers in accordance with
the requirements of §290.122 of this title (relating to Public
Notification).
(A) A public water system that has an acute violation
of the MRDL for chlorine dioxide must notify the customers in accordance
with the requirements of §290.122(a) of this title.
(B) A public water system that has a non-acute violation
of the MRDL for chlorine dioxide must notify the customers in accordance
with the requirements of §290.122(b) of this title.
(2) A public water system that uses surface water sources
or groundwater sources under the direct influence of surface water
and fails to meet the minimum disinfection requirements of subsection
(b)(2) of this section shall notify the executive director by the
end of the next business day and the customers in accordance with
the requirements of §290.122(b) of this title.
(3) A public water system that fails to meet the requirements
of subsection (b)(4) of this section in more than 5.0% of the samples
collected each month for two consecutive months must notify its customers
in accordance with the requirements of §290.122(b) of this title.
(4) A public water system that fails to meet the requirements
of subsection (b)(5) of this section shall notify the executive director
by the end of the next business day and the customers in accordance
with the requirements of §290.122(b) of this title.
(5) A public water system which fails to conduct the
monitoring required by subsection (c)(1) - (4) of this section must
notify its customers of the violation in accordance with the requirements
of §290.122(c) of this title.
(6) A public water system that uses chloramines shall
notify their retail and wholesale customers of the use of chloramines.
(A) This notification must contain the exact wording
included in Appendix H of §290.47 of this title (relating to
Appendices).
(B) Prior to initially providing the chloraminated
water to its existing customers, the water system must provide notification
by mail or direct delivery at least 14 days before the change.
(C) Additionally, the notification must be provided
to the news media, hospitals, renal disease facilities, dialysis clinics,
physicians, local health departments, and entities which maintain
live fish directly by letter, e-mail, or hand delivery.
(D) New customers must also be notified before they
begin receiving water from the water system.
(E) Where appropriate, the notice must be multilingual.
|
| Source Note: The provisions of this §290.110 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective November 8, 2012, 37 TexReg 8849; amended to be effective July 30, 2015, 40 TexReg 4769; amended to be effective March 30, 2017, 42 TexReg 1466 |
