not resold to or used by
others.
(C) "Residential area" means:
(i) an area designated as a residential zoning district
by a governing ordinance or code or an area in which the principal
land use is for private residences;
(ii) a subdivision for which a plat is recorded in
the real property records of the county and that contains or is bounded
by public streets or parts of public streets that are abutted by residential
property occupying at least 75% of the front footage along the block
face; or
(iii) a subdivision a majority of the lots of which
are subject to deed restrictions limiting the lots to residential
use.
(D) "Industrial district" has the meaning assigned
by Texas Local Government Code, §42.044, and includes an area
that is designated by the governing body of a municipality as a zoned
industrial area.
(2) When the regulatory authority is a municipality,
it shall by ordinance adopt standards for installing fire hydrants
in residential areas in the municipality. These standards must, at
a minimum, follow current AWWA standards pertaining to fire hydrants
and the requirements of §290.44(e)(6) of this title.
(3) When the regulatory authority is a municipality,
it shall by ordinance adopt standards for maintaining sufficient water
pressure for service to fire hydrants adequate to protect public safety
in residential areas in the municipality. The standards specified
in paragraph (4) of this subsection are the minimum acceptable standards.
(4) A public utility shall deliver water to any fire
hydrant connected to the public utility's water system located in
a residential area so that the flow at the fire hydrant is at least
250 gallons per minute for a minimum period of two hours while maintaining
a minimum pressure of 20 psi throughout the distribution system during
emergencies such as fire fighting. That flow is in addition to the
public utility's maximum daily demand for purposes other than fire
fighting.
(5) When the regulatory authority is a municipality,
it shall adopt the standards required by this subsection within one
year of the effective date of this subsection or within one year of
the date this subsection first applies to the municipality, whichever
occurs later.
(6) A public utility shall comply with the standards
established by a municipality under both paragraphs (2) and (3) of
this subsection within one year of the date the standards first apply
to the public utility. If a municipality has failed to comply with
the deadline required by paragraph (5) of this subsection, then a
public utility shall comply with the standards specified in paragraphs
(2) and (4) of this subsection within two years of the effective date
of this subsection or within one year of the date this subsection
first applies to the public utility, whichever occurs later.
(y) Fire hydrant flow standards.
(1) In this subsection:
(A) "Municipal utility" means a retail public utility,
as defined by Texas Water Code (TWC), §13.002, that is owned
by a municipality.
(B) "Residential area" means an area used principally
for private residences that is improved with at least 100 single-family
homes and has an average density of one home per half acre.
(C) "Utility" includes a "public utility" and "water
supply or sewer service corporation" as defined by TWC, §13.002.
(2) The governing body of a municipality by ordinance
may adopt standards set by the executive director requiring a utility
to maintain a minimum sufficient water flow and pressure to fire hydrants
in a residential area located in the municipality or the municipality's
ETJ. The municipality must submit a signed copy of the ordinance to
the executive director within 60 days of the adoption of an ordinance
by its governing body.
(3) In addition to a utility's maximum daily demand,
the utility must provide, for purposes of emergency fire suppression:
(A) a minimum sufficient water flow of at least 250
gallons per minute for at least two hours; and
(B) a minimum sufficient water pressure of at least
20 psi.
(4) If a municipality adopts standards for a minimum
sufficient water flow and pressure to fire hydrants, the municipality
must require a utility to maintain at least the minimum sufficient
water flow and pressure described by paragraph (3) of this subsection
in fire hydrants in a residential area located within the municipality
or the municipality's ETJ. If the municipality adopts a fire flow
standard exceeding the minimum standards set in paragraph (3) of this
subsection, the standard adopted by the municipality must be based
on:
(A) the density of connections;
(B) service demands; and
(C) other relevant factors.
(5) If the municipality owns a municipal utility, it
may not require another utility located in the municipality or the
municipality's ETJ to provide water flow and pressure in a fire hydrant
greater than that provided by the municipal utility as determined
by the executive director.
(6) If the municipality does not own a municipal utility,
it may not require a utility located in the municipality or the municipality's
ETJ to provide a minimum sufficient water flow and pressure greater
than the standard established by paragraph (3) of this subsection.
(7) An ordinance under paragraph (2) of this subsection
may not require a utility to build, retrofit, or improve infrastructure
in existence at the time the ordinance is adopted.
(8) A municipality with a population of less than 1.9
million that adopts standards under paragraph (2) of this subsection
or that seeks to use a utility's water for emergency fire suppression
shall enter into a written memorandum of understanding with the utility.
(A) The memorandum of understanding must provide for:
(i) the necessary testing of fire hydrants; and
(ii) other relevant issues pertaining to the use of
the water and maintenance of the fire hydrants to ensure compliance
with this subsection.
(B) The municipality must submit a signed copy of the
memorandum of understanding to the executive director within 60 days
of the execution of the memorandum of understanding between its governing
body and the utility.
(9) A municipality may notify the executive director
of a utility's failure to comply with a standard adopted under paragraph
(3) of this subsection.
(10) On receiving the notice described by paragraph
(9) of this subsection, the executive director shall require a utility
in violation of a standard adopted under this subsection to comply
within a reasonable time established by the executive director.
(z) Nitrification Action Plan (NAP). Any water system
distributing chloraminated water must create a NAP. The system must
create a written NAP that:
(1) contains the system-specific plan for monitoring
free ammonia, monochloramine, total chlorine, nitrite, and nitrate
levels;
(2) contains system-specific action levels of the above
monitored chemicals where action must be taken;
(3) contains specific corrective actions to be taken
if the action levels are exceeded; and
(4) is maintained as part of the system's monitoring
plan in §290.121 of this title.
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Source Note: The provisions of this §290.46 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 January 9, 2008, 33 TexReg 198; amended to be effective October 16, 2008, 33 TexReg 8533; amended to be effective December 10, 2009, 34 TexReg 8744; amended to be effective June 10, 2010, 35 TexReg 4726; amended to be effective May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849; amended tobeeffectiveSeptember 11, 2014, 39 TexReg 7145; amended to be effective July 30, 2015, 40 TexReg 4769; amended to be effective December 10, 2015, 40 TexReg 8793; amended to be effective March 30, 2017, 42 TexReg 1466 |