| (D) In lieu of the modeling requirements as detailed
in subparagraph (C) of this paragraph, the licensed professional engineer
may provide either a pilot study or similar full-scale data in accordance
with §290.42(g) of this title (relating to Water Treatment).
Alternatively, for reverse osmosis or nanofiltration units rated for
flow rates less than 300 gallons per minute, the design specifications
can be based on the allowable operating parameters of the manufacturer.
(E) Provide documentation that the components and chemicals
for the proposed treatment process conform to American National Standards
Institute/NSF International (ANSI/NSF) Standard 60 for Drinking Water
Treatment Chemicals and ANSI/NSF Standard 61 for Drinking Water System
Components.
(F) Provide the details for post-treatment and re-mineralization
to reduce the corrosion potential of the finished water. If carbon
dioxide and/or hydrogen sulfide is present in the reverse osmosis
permeate, include the details for a degasifier for post-treatment.
(G) For compliance with applicable drinking water quality
requirements in Subchapter F of this chapter (relating to Drinking
Water Standards Governing Drinking Water Quality and Reporting Requirements
for Public Water Systems), provide the projected water quality at
the entry point to the distribution system and the method(s) used
to make the water quality projections.
(H) When blending is proposed, provide the blending
ratio, source of the water to be blended, and the calculations showing
the concentrations of regulated constituents in the finished water.
(I) Provide a description of the disinfection byproduct
formation potential based on total organic carbon and other precursor
sample results.
(J) Provide the process control details to ensure the
integrity of the membrane system. The engineering report shall identify
specific parameters and set points that indicate when membrane cleaning,
replacement, and/or inspection is necessary.
(i) The parameters shall be based on one, or more of
the following: increased salt passage, increased or decreased pressure
differential, and/or change in normalized permeate flow.
(ii) Define the allowable change from baseline performance.
(7) Before reverse osmosis or nanofiltration membrane
systems can be used to produce drinking water, but after the reverse
osmosis or nanofiltration membrane system has been constructed at
the water system, the licensed professional engineer must submit an
addendum to the engineering report required by paragraph (6) of this
subsection to the executive director for review and approval. The
addendum shall include the following verification data of the full-scale
treatment process:
(A) Provide the initial baseline performance of the
plant. The baseline net driving pressure, normalized permeate flow,
and salt rejection (or salt passage) must be documented when the reverse
osmosis or nanofiltration membrane systems are placed online.
(B) Provide the frequency of cleaning or membrane replacement.
The frequency must be based on a set time interval or at a set point
relative to baseline performance of the unit(s).
(C) If modeling is used as the basis for the design,
provide verification of the model's accuracy. If the baseline performance
evaluation shows that the modeling projection in the engineering report
were inaccurate, the licensed professional engineer shall determine
if the deviation from the modeled projections resulted from incorrect
water quality assumptions or from other incorrect data in the model.
The model shall be considered inaccurate if the overall salt passage
or the required feed pressure is 10% greater than the model projection.
For any inaccurate model, provide a corrected model with the addendum
to the engineering report.
(D) Provide verification of plant capacity. The capacity
of the reverse osmosis and nanofiltration membrane facility shall
be based on the as-built configuration of the system and the design
parameters in the engineering report with adjustments as indicated
by the baseline performance. Refer to paragraph (6)(C) of this subsection
and §290.45(a)(6) of this title for specific considerations.
(E) Provide a complete physical and chemical analysis
of the water. The analyses shall be in accordance with §290.41(c)(3)(G)
of this title for the raw water (before any treatment), the water
produced from the membrane systems, and the water after any post-treatment.
Samples must be submitted to an accredited laboratory for chemical
analyses.
(8) The calculations for sizing feed pump(s) and chemical
storage tank(s) must be submitted to demonstrate that a project meets
chemical feed and storage capacity requirements.
(f) Submission of business plans. The prospective owner
of the system or the person responsible for managing and operating
the system must submit a business plan to the executive director that
demonstrates that the owner or operator of the system has available
the financial, managerial, and technical capability to ensure future
operation of the system in accordance with applicable laws and rules.
The executive director may order the prospective owner or operator
to demonstrate financial assurance to operate the system in accordance
with applicable laws and rules as specified in Chapter 37, Subchapter
O of this title (relating to Financial Assurance for Public Drinking
Water Systems), or as specified by commission rule, unless the executive
director finds that the business plan demonstrates adequate financial
capability. A business plan shall include the information and be presented
in a format prescribed by the executive director. For community water
systems, the business plan shall contain, at a minimum, the following
elements:
(1) description of areas and population to be served
by the potential system;
(2) description of drinking water supply systems within
a two-mile radius of the proposed system, copies of written requests
seeking to obtain service from each of those drinking water supply
systems, and copies of the responses to the written requests;
(3) time line for construction of the system and commencement
of operations;
(4) identification of and costs of alternative sources
of supply;
(5) selection of the alternative to be used and the
basis for that selection;
(6) identification of the person or entity which owns
or will own the drinking water system and any identifiable future
owners of the drinking water system;
(7) identification of any other businesses and public
drinking water system(s) owned or operated by the applicant, owner(s),
parent organization, and affiliated organization(s);
(8) an operations and maintenance plan which includes
sufficient detail to support the budget estimate for operation and
maintenance of the facilities;
(9) assurances that the commitments and resources needed
for proper operation and maintenance of the system are, and will continue
to be, available, including the qualifications of the organization
and each individual associated with the proposed system;
(10) for retail public utilities as defined by TWC, §13.002:
(A) projected rate revenue from residential, commercial,
and industrial customers; and
(B) pro forma income, expense, and cash flow statements;
(11) identification of any appropriate financial assurance,
including those being offered to capital providers;
(12) a notarized statement signed by the owner or responsible
person that the business plan has been prepared under his direction
and that he is responsible for the accuracy of the information; and
(13) other information required by the executive director
to determine the adequacy of the business plan or financial assurance.
(g) Business plans not required. A person is not required
to file a business plan if the person:
(1) is a county;
(2) is a retail public utility as defined by TWC, §13.002,
unless that person is a utility as defined by that section;
(3) has executed an agreement with a political subdivision
to transfer the ownership and operation of the water supply system
to the political subdivision;
(4) is a Class A utility, as defined by TWC, §13.002,
that has applied for or been granted an amendment of a certificate
of convenience and necessity under TWC, §13.258, for the area
in which the construction of the public drinking water supply system
will operate; or
(5) is a noncommunity, non-transient water system and
the person has demonstrated financial assurance under THSC, Chapter
361 or Chapter 382 or TWC, Chapter 26.
(h) Beginning and completion of work.
Cont'd... |
