| (a) Authority for requirements. Texas Health and Safety
Code (THSC), Chapter 341, Subchapter C prescribes the duties of the
commission relating to the regulation and control of public drinking
water systems in the state. The statute requires that the commission
ensure that public water systems: supply safe drinking water in adequate
quantities, are financially stable and technically sound, promote
use of regional and area-wide drinking water systems, and review completed
plans and specifications and business plans for all contemplated public
water systems not exempted by THSC, §341.035(d). The statute
also requires the commission be notified of any subsequent material
changes, improvements, additions, or alterations in existing systems
and, consider compliance history in approving new or modified public
water systems. Texas Water Code (TWC), §13.1394 and §13.1395,
prescribe the duties of the commission relating to standards for emergency
operations of affected utilities. The statute requires that the commission
ensure that affected utilities provide water service as soon as safe
and practicable during an extended power outage following the occurrence
of a natural disaster.
(b) Reason for this subchapter and minimum criteria.
This subchapter has been adopted to ensure regionalization and area-wide
options are fully considered, the inclusion of all data essential
for comprehensive consideration of the contemplated project, or improvements,
additions, alterations, or changes thereto and to establish minimum
standardized public health design criteria in compliance with existing
state statutes and in accordance with good public health engineering
practices. In addition, minimum acceptable financial, managerial,
technical, and operating practices must be specified to ensure that
facilities are properly operated to produce and distribute safe, potable
water.
(c) Required actions and approvals prior to construction.
A person may not begin construction of a public drinking water supply
system unless the executive director determines the following requirements
have been satisfied and approves construction of the proposed system.
(1) A person proposing to install a public drinking
water system within the extraterritorial jurisdiction of a municipality;
or within 1/2-mile of the corporate boundaries of a district, or other
political subdivision providing the same service; or within 1/2-mile
of a certificated service area boundary of any other water service
provider shall provide to the executive director evidence that:
(A) written application for service was made to that
provider; and
(B) all application requirements of the service provider
were satisfied, including the payment of related fees.
(2) A person may submit a request for an exception
to the requirements of paragraph (1) of this subsection if the application
fees will create a hardship on the person. The request must be accompanied
by evidence documenting the financial hardship.
(3) A person who is not required to complete the steps
in paragraph (1) of this subsection, or who completes the steps in
paragraph (1) of this subsection and is denied service or determines
that the existing provider's cost estimate is not feasible for the
development to be served, shall submit to the executive director:
(A) plans and specifications for the system; and
(B) a business plan for the system.
(4) Emergency Preparedness Plan for Public Water Systems
that are Affected Utilities, as defined in TWC §13.1394 and §13.1395,
must be submitted as described in §290.39(o) of this title.
(d) Submission of plans.
(1) Plans, specifications, and related documents will
not be considered unless they have been prepared under the direction
of a licensed professional engineer. All engineering documents must
have engineering seals, signatures, and dates affixed in accordance
with the rules of the Texas Board of Professional Engineers.
(2) Detailed plans must be submitted for examination
at least 30 days prior to the time that approval, comments or recommendations
are desired. From this, it is not to be inferred that final action
will be forthcoming within the time mentioned.
(3) The limits of approval are as follows.
(A) The commission's public drinking water program
furnishes consultation services as a reviewing body only, and its
licensed professional engineers may neither act as design engineers
nor furnish detailed estimates.
(B) The commission's public drinking water program
does not examine plans and specifications in regard to the structural
features of design, such as strength of concrete or adequacy of reinforcing.
Only the features covered by this subchapter will be reviewed.
(C) The consulting engineer and/or owner must provide
surveillance adequate to assure that facilities will be constructed
according to approved plans and must notify the executive director
in writing upon completion of all work. Planning materials shall be
submitted to the Texas Commission on Environmental Quality, Water
Supply Division, MC 159, P.O. Box 13087, Austin, Texas 78711-3087.
(e) Submission of planning material. In general, the
planning material submitted shall conform to the following requirements.
(1) Engineering reports are required for new water
systems and all surface water treatment plants. Engineering reports
are also required when design or capacity deficiencies are identified
in an existing system. The engineering report shall include, at least,
coverage of the following items:
(A) statement of the problem or problems;
(B) present and future areas to be served, with population
data;
(C) the source, with quantity and quality of water
available;
(D) present and estimated future maximum and minimum
water quantity demands;
(E) description of proposed site and surroundings for
the water works facilities;
(F) type of treatment, equipment, and capacity of facilities;
(G) basic design data, including pumping capacities,
water storage and flexibility of system operation under normal and
emergency conditions; and
(H) the adequacy of the facilities with regard to delivery
capacity and pressure throughout the system.
(2) All plans and drawings submitted may be printed
on any of the various papers which give distinct lines. All prints
must be clear, legible and assembled to facilitate review.
(A) The relative location of all facilities which are
pertinent to the specific project shall be shown.
(B) The location of all abandoned or inactive wells
within 1/4-mile of a proposed well site shall be shown or reported.
(C) If staged construction is anticipated, the overall
plan shall be presented, even though a portion of the construction
may be deferred.
(D) A general map or plan of the municipality, water
district, or area to be served shall accompany each proposal for a
new water supply system.
(3) Specifications for construction of facilities shall
accompany all plans. If a process or equipment which may be subject
to probationary acceptance because of limited application or use in
Texas is proposed, the executive director may give limited approval.
In such a case, the owner must be given a bonded guarantee from the
manufacturer covering acceptable performance. The specifications shall
include a statement that such a bonded guarantee will be provided
to the owner and shall also specify those conditions under which the
bond will be forfeited. Such a bond will be transferable. The bond
shall be retained by the owner and transferred when a change in ownership
occurs.
(4) A copy of each fully executed sanitary control
easement and any other documentation demonstrating compliance with §290.41(c)(1)(F)
of this title (relating to Water Sources) shall be provided to the
executive director prior to placing the well into service. Each original
easement document, if obtained, must be recorded in the deed records
at the county courthouse. For an example, see commission Form 20698.
(5) Construction features and siting of all facilities
for new water systems and for major improvements to existing water
systems must be in conformity with applicable commission rules.
(6) For public water systems using reverse osmosis
or nanofiltration membranes, the engineering report must include the
requirements specified in paragraph (1)(A) - (H) of this subsection,
and additionally must provide sufficient information to ensure effective
treatment. Specifically:
(A) Provide a clear identification of the proposed
raw water source.
Cont'd... |
