| (F) Membrane system integrity monitoring shall be conducted
in accordance with executive director specified requirements.
(4) Recordkeeping requirements for microbial inactivation
and removal treatment. Groundwater systems, including wholesale, and
consecutive systems, regulated under this subsection must comply with §290.46
of this title (relating to Minimum Acceptable Operating Practices
for Public Drinking Water Systems).
(d) Reporting requirements. Groundwater systems conducting
4-log treatment instead of conducting raw groundwater source monitoring
or required corrective action in response to a fecal indicator positive
source sample, or a significant deficiency, must report to the executive
director in accordance with this subsection.
(1) A groundwater system required to conduct compliance
monitoring for chemical disinfectants must complete a Groundwater
Treatment Monthly Operating Report (commission Form 20362) for groundwater
disinfection facilities monthly. Groundwater systems must maintain
the reports on site and make them available to the executive director
upon request.
(2) A groundwater system must provide written notification
to the executive director that it is not required to meet the raw
groundwater source monitoring requirements under §290.109(d)(4)
of this title because it provides at least 4-log treatment of viruses
for a specified groundwater source and must begin compliance monitoring
in accordance with subsection (c) of this section. The notification
must include engineering, operational, and other information required
by the executive director to evaluate the submission.
(3) A groundwater system required to complete corrective
action under subsection (b) of this section must notify the executive
director within 30 days of completing the corrective action.
(4) If a groundwater system is subject to the triggered
source monitoring requirements of §290.109(d)(4)(A) of this title
and does not conduct source monitoring, the system must provide written
documentation that it was providing 4-log treatment of viruses for
the specified groundwater source or that it met the criteria set out
in §290.109(d)(4)(D) of this title within 30 days of the positive
distribution coliform sample.
(5) A groundwater system conducting compliance monitoring
under subsection (a) of this section must notify the executive director
any time the system fails to meet any executive director-specified
requirements (including, but not limited to, minimum residual disinfectant
concentration, and alternative treatment operating criteria) if the
operation in accordance with the criteria or requirements is not restored
within four hours. The system must notify the executive director as
soon as possible, but no later than the end of the next business day.
(6) A groundwater system required to conduct integrity
monitoring for membrane systems shall complete the executive director
specified reports. The reports shall be maintained in accordance with
executive director specified requirements.
(e) Compliance determination. In accordance with this
subsection, the executive director shall determine compliance for
groundwater systems required to conduct corrective action within 120
days, or pursuant to a groundwater corrective action plan.
(1) A groundwater system is in violation of the treatment
technique requirement if it does not complete corrective action in
accordance with the executive director-approved corrective action
plan or any interim measures required by the executive director.
(2) A groundwater system is in violation of the treatment
technique requirement if it is not in compliance with the executive
director-approved corrective action plan and schedule.
(3) A groundwater system subject to the requirements
of subsection (c) of this section that fails to maintain at least
4-log treatment of viruses is in violation of the treatment technique
requirement if the failure is not corrected within four hours. The
groundwater system must notify the executive director as soon as possible
but no later than the next business day if there is a failure in maintaining
the 4-log treatment for more than four hours.
(4) A groundwater system that fails to conduct the
disinfectant or membrane system integrity monitoring required under
subsection (c) of this section commits a monitoring violation.
(5) A groundwater system that fails to report the results
of the disinfectant or membrane system integrity monitoring required
under subsection (c) of this section commits a reporting violation.
(6) A groundwater system that fails to issue a required
public notice or certify that the public notice has been performed
commits a public notice violation.
(f) Public notification. A groundwater system that
commits a treatment technique, monitoring, or reporting violation
or situation as identified in this section must notify its customers
of the violation in accordance with the requirements of §290.122
of this title (relating to Public Notification).
(1) Special notice to the public of significant deficiencies
or source water fecal contamination for community systems. In addition
to the applicable public notice requirements of §290.122(a) of
this title, a community groundwater system that receives notice from
the executive director of a significant deficiency or notification
of a fecal indicator positive groundwater source sample that is not
invalidated under §290.109(e)(2) of this title must inform the
public served by the water system of the fecal indicator positive
source sample or of any significant deficiency that has not been corrected
in its Consumer Confidence Report as specified in §290.272(g)(7)
and (8) of this title (relating to Content of the Report). The system
shall continue to inform the public annually until the significant
deficiency is corrected or the fecal contamination in the groundwater
source is determined by the executive director to be corrected under
subsection (b)(2) of this section.
(2) Special notice to the public of significant deficiencies
or source water fecal contamination for noncommunity systems. In addition
to the applicable public notice requirements of §290.122(a) of
this title, a noncommunity groundwater system that receives notice
from the executive director of a significant deficiency or notification
of a fecal indicator positive groundwater source sample that is not
invalidated under §290.109(e)(2) of this title must inform the
public served by the water system of any significant deficiency that
has not been corrected within 12 months of being notified by the executive
director, or earlier if directed by the executive director. The system
must continue to inform the public annually until the significant
deficiency is corrected. The information must include:
(A) posting the notice in conspicuous locations throughout
the distribution system frequented by persons served by the system,
or by mail or direct delivery to each customer and service connection;
and
(B) any other method reasonably calculated to notify
other persons served by the system, if they would not normally be
notified by the methods set out in subparagraph (A) of this paragraph.
Such persons may include those who may not see a posted notice because
the notice is not in a location they routinely frequent. Other methods
may include publication in a local newspaper, newsletter, or e-mail;
or, delivery of multiple copies in central locations (e.g., community
centers).
(C) If directed by the executive director, a noncommunity
groundwater system with significant deficiencies that have been corrected
must inform its customers of the significant deficiencies, how deficiencies
were corrected, and the dates of correction.
|
| Source Note: The provisions of this §290.116 adopted 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 |
