| (ii) a waterborne disease outbreak, as defined in 40
Code of Federal Regulations §141.2, or other waterborne emergencies
for situations that do not meet this definition, but that still have
the potential to have serious adverse effects on health as a result
of short-term exposure. These could include outbreaks not related
to treatment deficiencies, as well as situations that have the potential
to cause outbreaks, such as failures or significant interruption in
water treatment processes, natural disasters that disrupt the water
supply or distribution system, chemical spills, or unexpected loading
of possible pathogens into the source water; or
(iii) the public water system has failed to maintain
adequate disinfectant residuals as described in subsection (d) of
this section and as described in §290.110 of this title.
(B) The executive director will provide written notification
to the public water system in the event a public water system is required
to institute special precautions, protective measures, or issue boil
water notices to customers at the discretion of the executive director.
Upon written notification from the executive director, the public
water system shall implement special precautions, protective measures,
or issue boil water notices to customers within 24 hours or within
the time period specified by the executive director.
(C) The public water system shall provide any required
information to the executive director to document that the public
water system has met the requirements for special precautions, protective
measures, and boil water notices required at the discretion of the
executive director under this paragraph.
(6) Required actions prior to rescinding a boil water
notice. A public water system shall notify customers throughout the
distribution system or in the affected area(s) of the distribution
system that a boil water notice has been rescinded after the public
water system has met the requirements of this paragraph. A boil water
notice issued under the requirements of this subsection shall remain
in effect until the public water system has provided required compliance
documentation to the executive director which establishes that the
public water system has met the following requirements, as applicable:
(A) water distribution system pressures in excess of
20 psi are consistently being maintained throughout the distribution
system in accordance with the flowchart found in §290.47(e) of
(B) affected area(s) of the distribution system have
been thoroughly flushed until a minimum of 0.2 mg/L free chlorine
residual or 0.5 mg/L chloramine residual (measured as total chlorine)
is present and is consistently being maintained in each finished water
storage tank and throughout the distribution system as described in
subsection (d) of this section;
(C) finished water entering the distribution system,
produced by a treatment plant that is treating surface water or groundwater
under the direct influence of surface water, has a turbidity level
that is consistently being maintained below 1.0 NTU;
(D) actions required by the executive director under
paragraph (5) of this subsection have been met and the public water
system is operating in accordance with §290.111(h)(2) of this
title as described in paragraph (5)(A)(i) of this subsection; and
(E) water samples for microbiological analysis, marked
as "special" on the laboratory sample submission form, were collected
from representative locations throughout the distribution system or
in the affected area(s) of the distribution system after the public
water system has met all other applicable requirements of this paragraph
and the water samples collected for microbiological analysis are found
negative for coliform organisms. The water samples described in this
subparagraph shall be analyzed at laboratories in accordance with §290.119
of this title (relating to Analytical Procedures).
(F) A public water system shall notify customers throughout
the distribution system or in the affected area(s) of the distribution
system that a boil water notice has been rescinded within 24 hours
or no later than the next business day, using the language and format
specified in Figure: 30 TAC §290.47(c)(3) of this title, once
the public water system has met the requirements of this paragraph.
The public water system shall provide a copy of the "Boil Water Notice
Rescinded" notice and a copy of the associated microbiological laboratory
analysis results, as required by subparagraph (E) of this paragraph,
to the executive director within ten days after the public water system
has issued the rescind notice to customers in accordance with §290.122(f)
of this title.
(r) Minimum pressures. All public water systems shall
be operated to provide a minimum pressure of 35 psi throughout the
distribution system under normal operating conditions. The system
shall also be operated to maintain a minimum pressure of 20 psi during
emergencies such as fire fighting. As soon as safe and practicable
following the occurrence of a natural disaster, a public water system
that is an affected utility shall maintain a minimum of 35 psi throughout
the distribution system during an extended power outage.
(s) Testing equipment. Accurate testing equipment or
some other means of monitoring the effectiveness of any chemical treatment
or pathogen inactivation or removal processes must be used by the
(1) Flow-measuring devices and rate-of-flow controllers
that are required by §290.42(b) and (d) of this title (relating
to Water Treatment) shall be calibrated at least once every 12 months.
Well meters required by §290.41(c)(3)(N) of this title shall
be calibrated at least once every three years.
(2) Laboratory equipment used for compliance testing
shall be properly calibrated.
(A) pH meters shall be properly calibrated.
(i) Benchtop pH meters shall be calibrated according
to manufacturer specifications at least once each day.
(ii) The calibration of benchtop pH meters shall be
checked with at least one buffer each time a series of samples is
run, and if necessary, recalibrated according to manufacturer specifications.
(iii) On-line pH meters shall be calibrated according
to manufacturer specifications at least once every 30 days.
(iv) The calibration of on-line pH meters shall be
checked at least once each week with a primary standard or by comparing
the results from the on-line unit with the results from a properly
calibrated benchtop unit. If necessary, the on-line unit shall be
recalibrated with primary standards.
(B) Turbidimeters shall be properly calibrated.
(i) Benchtop turbidimeters shall be calibrated with
primary standards at least once every 90 days. Each time the turbidimeter
is calibrated with primary standards, the secondary standards shall
(ii) The calibration of benchtop turbidimeters shall
be checked with secondary standards each time a series of samples
is tested, and if necessary, recalibrated with primary standards.
(iii) On-line turbidimeters shall be calibrated with
primary standards at least once every 90 days.
(iv) The calibration of on-line turbidimeters shall
be checked at least once each week with a primary standard, a secondary
standard, or the manufacturer's proprietary calibration confirmation
device or by comparing the results from the on-line unit with the
results from a properly calibrated benchtop unit. If necessary, the
on-line unit shall be recalibrated with primary standards.
(C) Chemical disinfectant residual analyzers shall
be properly calibrated.
(i) The accuracy of manual disinfectant residual analyzers
shall be verified at least once every 90 days using chlorine solutions
of known concentrations.
(ii) The accuracy of continuous disinfectant residual
analyzers shall be checked at least once every seven days with a chlorine
solution of known concentration or by comparing the results from the
on-line analyzer with the result of approved benchtop method in accordance
with §290.119 of this title.
(iii) If a disinfectant residual analyzer produces
a result which is not within 15% of the expected value, the cause
of the discrepancy must be determined and corrected and, if necessary,
the instrument must be recalibrated.
(D) Analyzers used to determine the effectiveness of
chloramination in §290.110(c)(5) of this title shall be properly
verified in accordance with the manufacturer's recommendations every
90 days. These analyzers include monochloramine, ammonia, nitrite,
and nitrate equipment used by the public water system.
(E) Ultraviolet (UV) light disinfection analyzers shall
be properly calibrated.
(i) The accuracy of duty UV sensors shall be verified
with a reference UV sensor monthly, according to the UV sensor manufacturer.
(ii) The reference UV sensor shall be calibrated by
the UV sensor manufacturer on a yearly basis, or sooner if needed.
(iii) If used, the UV Transmittance (UVT) analyzer
shall be calibrated weekly according to the UVT analyzer manufacturer
(F) Systems must verify the performance of direct integrity
testing equipment in a manner and schedule approved by the executive
(G) Conductivity (or total dissolved solids) monitors
and pressure instruments used for reverse osmosis and nanofiltration
membrane systems shall be calibrated at least once every 12 months.
(H) Any temperature monitoring devices used for reverse
osmosis and nanofiltration shall be verified and calibrated in accordance
with the manufacturer's specifications.
(t) System ownership. All community water systems shall
post a legible sign at each of its production, treatment, and storage
facilities. The sign shall be located in plain view of the public
and shall provide the name of the water supply and an emergency telephone
number where a responsible official can be contacted.
(u) Abandoned wells. Abandoned public water supply
wells owned by the system must be plugged with cement according to
16 TAC Chapter 76 (relating to Water Well Drillers and Water Well
Pump Installers). Wells that are not in use and are non-deteriorated
as defined in those rules must be tested every five years or as required
by the executive director to prove that they are in a non-deteriorated
condition. The test results shall be sent to the executive director
for review and approval. Deteriorated wells must be either plugged
with cement or repaired to a non-deteriorated condition.
(v) Electrical wiring. All water system electrical
wiring must be securely installed in compliance with a local or national
(w) Security. All systems shall maintain internal procedures
to notify the executive director by a toll-free reporting phone number
immediately of the following events, if the event may negatively impact
the production or delivery of safe and adequate drinking water:
(1) an unusual or unexplained unauthorized entry at
property of the public water system;
(2) an act of terrorism against the public water system;
(3) an unauthorized attempt to probe for or gain access
to proprietary information that supports the key activities of the
public water system;
(4) a theft of property that supports the key activities
of the public water system; or
(5) a natural disaster, accident, or act that results
in damage to the public water system.
(x) Public safety standards. This subsection only applies
to a municipality with a population of 1,000,000 or more, with a public
utility within its corporate limits; a municipality with a population
of more than 36,000 and less than 41,000 located in two counties,
one of which is a county with a population of more than 1.8 million;
a municipality, including any industrial district within the municipality
or its extraterritorial jurisdiction (ETJ), with a population of more
than 7,000 and less than 30,000 located in a county with a population
of more than 155,000 and less than 180,000; or a municipality, including
any industrial district within the municipality or its ETJ, with a
population of more than 11,000 and less than 18,000 located in a county
with a population of more than 125,000 and less than 230,000.
(1) In this subsection:
(A) "Regulatory authority" means, in accordance with
the context in which it is found, either the commission or the governing
body of a municipality.
(B) "Public utility" means any person, corporation,
cooperative corporation, affected county, or any combination of these
persons or entities, other than a municipal corporation, water supply
or sewer service corporation, or a political subdivision of the state,
except an affected county, or their lessees, trustees, and receivers,
owning or operating for compensation in this state equipment or facilities
for the transmission, storage, distribution, sale, or provision of
potable water to the public or for the resale of potable water to
the public for any use or for the collection, transportation, treatment,
or disposal of sewage or other operation of a sewage disposal service
for the public, other than equipment or facilities owned and operated
for either purpose by a municipality or other political subdivision
of this state or a water supply or sewer service corporation, but
does not include any person or corporation not otherwise a public
utility that furnishes the services or commodity only to itself or
its employees or tenants as an incident of that employee service or
tenancy when that service or commodity is Cont'd...