|(a) Applicability for secondary constituents. The requirements
for secondary constituents apply to all public water systems. Water
that does not meet the secondary constituent levels may not be used
for public drinking water without written approval from the executive
director. When drinking water that does not meet the secondary constituent
levels is accepted for use by the executive director, such acceptance
is valid only until such time as water of acceptable chemical quality
can be made available at reasonable cost to the area(s) in question.
(b) Secondary constituent levels. The maximum secondary
constituent levels are as follows.
(c) Monitoring frequency for secondary constituents.
All public water systems shall monitor for secondary constituents
at the following frequency.
(1) Each groundwater source shall be sampled once every
three years at the entry point to the distribution system.
(2) Each surface water source shall be sampled annually
at the entry point to the distribution system.
(3) Each of the sampling frequencies listed in paragraph
(3) of this subsection constitute one round of sampling for groundwater
and surface water systems, respectively.
(d) Analytical requirements for secondary constituents.
All analyses for determining compliance with the provisions of this
subsection shall be conducted in accordance with §290.119 of
this title (relating to Analytical Procedures) at a facility certified
by the executive director.
(e) Reporting requirements for secondary constituents.
Any owner or operator of a public water system subject to the provisions
of this section is required to report to the executive director the
results of any test, measurement, or analysis required to be made
by this section within ten days following receipt of results of such
test, measurement, or analysis.
(f) Compliance determination for secondary constituents.
Compliance with the requirements of this subsection shall be based
on the following criteria:
(1) A public water system that fails to conduct the
monitoring tests required by this subsection commits a monitoring
(2) A public water system that fails to report the
results of the monitoring tests required by this subsection commits
a reporting violation; and
(3) A public water system that exceeds the secondary
constituent levels in subsection (b) of this section commits a secondary
constituents level violation.
(g) Public notification for secondary constituents.
Public notification must be consistent with the requirements of §290.122
of this title (relating to Public Notification).
(1) Community and nontransient, noncommunity water
systems that exceed the secondary constituent level for fluoride but
are below the maximum contaminant level listed in §290.106 of
this title (relating to Inorganic Contaminants) must notify the public.
The notice must be made annually by including it with the water bill
or by separate mailing to all customers. The form and content of the
notice shall be as prescribed by the executive director.
(2) If a system exceeds the secondary constituent levels,
notice must be given to new customers and in the annual Consumer Confidence
|Source Note: The provisions of this §290.118 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective March 30, 2017, 42 TexReg 1466