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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 290PUBLIC DRINKING WATER
SUBCHAPTER HCONSUMER CONFIDENCE REPORTS
RULE §290.272Content of the Report

    (D) for a fecal indicator positive groundwater source sample that is not invalidated by the executive director under §290.109(e) of this title, the potential health effects using the health effects language of §290.275(3) of this title.

  (8) Beginning December 1, 2009, any groundwater system that receives notice from the executive director of a significant deficiency must inform its customers of any significant deficiency that is uncorrected at the time of the next report. The system must continue to inform the public annually until the executive director determines that particular significant deficiency is corrected under §290.116 of this title. Each report must include the following elements:

    (A) the nature of the particular significant deficiency and the date the significant deficiency was identified by the executive director;

    (B) for each significant deficiency, the plan approved by the executive director and schedule for correction, including interim measures, progress to date, and any interim measures completed; and

    (C) if corrected before the next report, the nature of the significant deficiency, how the deficiency was corrected, and the date of the corrections.

  (9) Any public water system required to comply with the Level 1 or Level 2 assessment requirements under §290.109 and §290.116 of this title that is not due to an E. coli MCL violation shall include in the report the information in subparagraph (A) of this paragraph. In addition to the elements in subparagraph (A) of this paragraph, the public water system shall include the elements in subparagraph (B) of this paragraph when it has a Level 1 treatment technique trigger as specified under §290.109(c)(1) of this title and shall include the elements in subparagraph (C) of this paragraph in the report when it has a Level 2 treatment technique trigger as specified under §290.109(c)(2)(B) of this title. Furthermore, any public water system that failed to complete all the required assessments shall also include the statement in subparagraph (D)(i) of this paragraph. Any public water system that failed to correct all identified sanitary defects shall also include the statement in subparagraph (D)(ii) of this paragraph.

    (A) Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

    (B) During the past year we were required to conduct {INSERT NUMBER OF LEVEL 1 ASSESSMENTS} Level 1 assessment(s). {INSERT NUMBER OF LEVEL 1 ASSESSMENTS} Level 1 assessment(s) were completed. In addition, we were required to take {INSERT NUMBER OF CORRECTIVE ACTIONS} corrective actions and we completed {INSERT NUMBER OF CORRECTIVE ACTIONS} of these actions.

    (C) During the past year {INSERT NUMBER OF LEVEL 2 ASSESSMENTS} Level 2 assessments were required to be completed for our water system. {INSERT NUMBER OF LEVEL 2 ASSESSMENTS} Level 2 assessments were completed. In addition, we were required to take {INSERT NUMBER OF CORRECTIVE ACTIONS} corrective actions and we completed {INSERT NUMBER OF CORRECTIVE ACTIONS} of these actions.

    (D) Any public water system that failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and shall also include one or both of the following statements as appropriate:

      (i) During the past year we failed to conduct all of the required assessment(s).

      (ii) During the past year we failed to correct all identified defects that were found during the assessment.

  (10) Any public water system required to comply with the Level 2 assessment requirements under §290.109 and §290.116 of this title that is due to an E. coli MCL violation shall include in the report the information in subparagraph (A) of this paragraph. In addition to the elements in subparagraph (A) of this paragraph, the public water system shall include the elements in subparagraph (B) of this paragraph when it has a Level 2 treatment technique trigger as specified under §290.109(c)(2) of this title and shall include the following elements in subparagraph (C) in the report when it has a Level 2 treatment technique trigger as specified under §290.109(c)(2)(A). Furthermore, any public water system that failed to complete all the required assessments shall also include the statement in subparagraph (C)(i) of this paragraph. Any public water system that failed to correct all identified sanitary defects shall also include the statement in subparagraph (C)(ii) of this paragraph.

    (A) E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

    (B) We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take {INSERT NUMBER OF CORRECTIVE ACTIONS} corrective actions and we completed {INSERT NUMBER OF CORRECTIVE ACTIONS} of these actions.

    (C) Any public water system that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and shall also include one or both of the following statements, as appropriate:

      (i) We failed to conduct the required assessment.

      (ii) We failed to correct all sanitary defects that were identified during the assessment that we conducted.

  (11) If a public water system detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in subsection (c)(4) of this section, the system shall include one or more of the following statements to describe any noncompliance, as applicable:

    (A) We had an E. coli -positive repeat sample following a total coliform-positive routine sample.

    (B) We had a total coliform-positive repeat sample following an E. coli -positive routine sample.

    (C) We failed to take all required repeat samples following an E. coli -positive routine sample.

    (D) We failed to test for E. coli when any repeat sample tests positive for total coliform.

  (12) Every report must include the following lead-specific information - a short informational statement about lead in drinking water and its effect on children.

    (A) The statement must include the information set forth in this example statement. "If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. NAME OF UTILITY is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to two minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead. "

    (B) A public water system may write its own educational statement, but only in consultation with the executive director.

(h) If a public water system detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in subsection (c)(4) of this section, the system may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.

(i) Customer notification of water loss by a retail public utility. A retail public utility required to file a water loss audit with the Texas Water Development Board under the provisions of Texas Water Code, §16.0121, shall notify its customers of its water loss reported in the water loss audit by including the water loss information on or with the next report following the filing of the water loss audit, unless the retail public utility elects to notify its customers of its water loss reported in the water loss audit by including the water loss information on or with the next bill sent to its customers following the filing of the water loss audit in accordance with §291.87 of this title (relating to Billing).


Source Note: The provisions of this §290.272 adopted to be effective August 21, 2000, 25 TexReg 8730; amended to be effective January 6, 2005, 29 TexReg 12212; 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 13, 2014, 39 TexReg 8720; amended to be effective March 30, 2017, 42 TexReg 1466

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