| (D) no individual filter in the first stage of filtration
produced water with turbidity level above 1.0 NTU in two consecutive
15-minute readings.
(4) Other pathogen control strategies. The executive
director may approve an additional removal or inactivation credit
for other pre-filtration, filtration, or post-filtration strategies
that can demonstrate effective, consistent levels of enhanced pathogen
control.
(A) The alternative strategy must achieve a quantifiable
reduction in the risk of waterborne disease in all of the treated
water produced by the plant.
(B) The alternative strategy must conform to any applicable
requirement of 40 CFR §§141.715 - 141.720.
(C) The executive director may establish minimum site-specific
design, operational, maintenance, and reporting requirements for any
alternative strategy used to meet minimum treatment technique requirements
of subsection (c) of this section.
(D) The executive director may not approve additional
removal credit under the provisions of this paragraph to any strategy
that includes a treatment process has been assigned additional removal
or inactivation credit under any other provision of this subsection.
(h) Reporting requirements. Public water systems must
properly complete and submit periodic reports to demonstrate compliance
with this section.
(1) A system that has a turbidity level exceeding 1.0
NTU in the combined filter effluent must consult with the executive
director within 24 hours.
(2) A system that treats surface water sources or groundwater
sources under the direct influence of surface water must submit a
Surface Water Monthly Operating Report each month for each plant.
(A) A system that uses alternative treatment technologies
or has been assigned a Bin 2, Bin 3, or Bin 4 classification under
subsection (c)(3)(B) of this section must submit a Surface Water Monthly
Operating Report (commission Form 0102D) for alternative technologies.
(B) A system that continuously monitors the performance
of individual filters, but is not required to submit commission Form
0102D, must submit a Surface Water Monthly Operating Report (commission
Form 0102C).
(C) A system that is allowed by the executive director
to submit combined filter effluent turbidity in lieu of individual
filter effluent turbidity under §290.42(d)(11)(E)(ii) of this
title must submit a Surface Water Monthly Operational Report for Plants
That Do Not Have a Turbidimeter on Each Filter (commission Form 0103)
each month for each plant that treats surface water or groundwater
under the direct influence of surface water.
(3) A system that must complete the additional monitoring
required by subsection (e)(4)(A)(i) or (B)(i) of this section must
submit a Filter Profile Report for Individual Filters (commission
Form 10276) with its Surface Water Monthly Operating Report.
(4) A system that must complete the additional monitoring
required by subsection (e)(4)(A)(ii) or (B)(ii) of this section must
submit a Filter Assessment Report for Individual Filters (commission
Form 10277) with its Surface Water Monthly Operating Report.
(5) A system that must complete the additional monitoring
required by subsection (e)(4)(A)(iii) or (B)(iii) of this section
must submit a Comprehensive Performance Evaluation Request Form (commission
Form 10278) with its Surface Water Monthly Operating Report.
(6) A system must submit any additional reports required
by the executive director to verify the level of pathogen removal
or inactivation achieved by the system's treatment plants.
(7) A system must submit its Cryptosporidium
bin classification.
(8) A system must submit reports required by subsection
(b)(7) of this section.
(9) Periodic reports required by this section must
be submitted to the Water Supply Division, Texas Commission on Environmental
Quality, MC 155, P.O. Box 13087, Austin, Texas 78711-3087 by the tenth
day of the month following the end of the reporting period.
(i) Compliance determination. Compliance with the requirements
of this section must be determined using the criteria of this subsection.
(1) A public water system that fails to complete source
water monitoring or conduct the routine monitoring tests and any applicable
special investigations required by this section commits a monitoring
violation.
(2) A public water system that fails to submit a report
required by subsection (h) of this section commits a reporting violation.
(3) A public water system that has one or more of the
following conditions as specified in subparagraphs (A) - (E) of this
paragraph commits an acute treatment technique violation and is required
to issue a public notice and a boil water notice within 24 hours in
accordance with §290.122(a) of this title (relating to Public
Notification).
(A) A public water system using conventional filters
that has a turbidity level exceeding 5.0 NTU in the combined filter
effluent.
(B) A public water system using conventional filters
that has a combine filter effluent (CFE) turbidity level exceeding
2.0 NTU at plants that are required to have individual filter effluent
(IFE) turbidimeters and failed to properly monitor or record IFE turbidity
data during the period when the CFE turbidity level was above 2.0
NTU.
(C) A public water system using conventional filters
that has a CFE turbidity level exceeding 2.0 NTU at a plant that has
only two filters, is not required to continuously monitor the IFE
turbidity level at the effluent of each filter, and did not collect
IFE turbidity grab samples during the period when CFE levels were
above 2.0 NTU.
(D) A public water system that fails to submit a report
required by subsection (h) of this section for two consecutive months.
(E) A public water system using membrane or cartridge
filters that has a turbidity level exceeding 1.0 NTU in the combined
filter effluent.
(4) A public water system using conventional filters
that has one or more of the following conditions as specified in subparagraphs
(A) - (D) of this paragraph, and has not met the conditions as specified
in paragraph (3) of this subsection, commits an acute treatment technique
violation and is required to issue a public notice within 24 hours
in accordance with §290.122(a) of this title.
(A) A CFE turbidity level exceeding 1.0 NTU during
a period when the disinfection protocol did not achieve an inactivation
ratio of at least 2.0 for both Giardia and
viruses.
(B) A CFE turbidity level exceeding 1.0 NTU during
a period that IFE turbidity levels were above 2.0 NTU at one or more
filters.
(C) A CFE turbidity level exceeding 1.0 NTU occurring
at a plant that is required to have IFE turbidimeters and fails to
properly monitor or record IFE turbidity data during the period when
the CFE turbidity level was above 1.0 NTU.
(D) A CFE turbidity level exceeding 1.0 NTU occurred
at a plant that has only two filters, is not required to continuously
monitor the IFE turbidity level at the effluent of each filter, and
did not collect IFE turbidity grab samples during the period when
CFE levels were above 1.0 NTU.
(5) Except as provided in paragraphs (3) and (4) of
this subsection, a public water system that violates the requirements
of subsections (c), (d)(1), (e)(1), and (f)(1) of this section commits
a nonacute treatment technique violation.
(6) A system that fails to request a bin classification
within six months of completing a round of source water monitoring
commits a treatment technique violation.
(7) A system that fails to correct the performance-limiting
factors identified in a comprehensive performance evaluation conducted
under the requirements of subsection (e)(4)(A)(iii) or (B)(iii) of
this section commits a violation.
(8) A system that fails to properly issue a public
notice required by subsection (j) of this section commits a violation.
(j) Public notification. 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 commits an acute treatment
technique violation must notify the executive director and the water
system customers of the acute violation within 24 hours in accordance
with the requirements of §290.46(q) of this title and §290.122(a)
of this title (relating to Public Notification).
(2) A public water system that has a turbidity level
exceeding 1.0 NTU in the combined filter effluent must consult with
the executive director within 24 hours of the violation.
(A) Based on the results of the consultation, the executive
director will determine whether the water system must notify its customers
in accordance with the requirements of §290.122(a) or (b) of
this title.
(B) A water system that fails to consult with the executive
director as required by this paragraph must notify its customers in
accordance with the requirements of §290.122(a) of this title.
(3) Except as provided in paragraphs (1) and (2) of
this subsection, a public water system that fails to meet the treatment
technique requirements of subsections (c), (d)(1), (e)(1), or (f)(1)
of this section must notify the executive director by the end of the
next business day and the water system customers in accordance with
the requirements of §290.122(b) of this title.
(4) A public water system that fails to conduct the
monitoring required by this section must notify its customers of the
violation in accordance with the requirements of §290.122(c)
of this title.
|
| Source Note: The provisions of this §290.111 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 December 23, 2004, 29 TexReg 11729; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective May 15, 2011, 36 TexReg 2860; 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 |
