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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 §290.111Surface Water Treatment

    (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

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