| (10) Systems must notify customers at sampled taps
of the results of any required lead or copper analyses and certify
completion of the notification to the executive director.
(e) Notice to new billing units. The owner or operator
of a community water system must give a copy of the most recent public
notice for any outstanding violation of any MCL, or any treatment
technique requirement, or any variance or exemption schedule to all
new billing units or new hookups prior to or at the time service begins.
The owner or operator of a noncommunity water system must continuously
post the public notice in conspicuous locations in order to inform
new consumers of any continuing violation, variance or exemption,
or other situation requiring a public notice for as long as the violation,
variance, exemption, or other situation persists.
(f) Proof of public notification. A copy of any public
notice required under this section must be submitted to the executive
director within ten days of its distribution as proof of public notification.
The copies must be mailed to the Water Supply Division, MC 155, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087 or other method of submission as specified by the executive
director. Each proof of public notification must be accompanied with
a signed Certificate of Delivery.
(g) Notice to consecutive systems. All public water
systems shall provide public notice to persons served by the public
water system in accordance with this section. All public water systems
that are required to issue public notice to persons in accordance
with this section, and that sell or otherwise provide drinking water
to other public water systems (i.e., consecutive systems), shall provide
public notice to the owner or operator of the consecutive system.
The consecutive system is responsible for and shall provide public
notice to the persons it serves in accordance with this section.
(h) Notices given by the executive director. The executive
director may give the notice required by this section on behalf of
the owner and operator of the public water system following the requirements
of this section. The owner or operator of the public water system
remains responsible for ensuring that the requirements of this section
are met.
(i) If a public water system has a violation in a portion
of the distribution system that is physically or hydraulically isolated
from other parts of the distribution system, the executive director
may allow the system to limit distribution of the public notice to
only persons served by that portion of the system which is out of
compliance. Permission by the executive director for limiting distribution
of the notice must be granted in writing.
(j) The owner or operator of a public water system
that furnishes for public or private use drinking water containing
added fluoride may not permanently terminate the fluoridation of drinking
water unless the owner or operator provides written notice to persons
served by the public water system and to the executive director of
the termination of fluoridation at least 60 days before the termination.
The public notice to persons served by the public water system pursuant
to this section shall be issued using the delivery methods described
in subsection (c)(2)(A) of this section. Proof of public notification
issued pursuant to this subsection shall be submitted in accordance
with subsection (f) of this section.
|
| Source Note: The provisions of this §290.122 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; 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 May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849; amended to be effective March 30, 2017, 42 TexReg 1466; amended to be effective September 17, 2020, 45 TexReg 6375 |
