| (a) General. When a public drinking water supply system
is to be established, plans shall be submitted to the executive director
for review and approval prior to the construction of the system. All
public water systems are to be constructed in conformance with the
requirements of this subchapter and maintained and operated in accordance
with the following minimum acceptable operating practices. Owners
and operators shall allow entry to members of the commission and employees
and agents of the commission onto any public or private property at
any reasonable time for the purpose of inspecting and investigating
conditions relating to public water systems in the state including
the required elements of a sanitary survey as defined in §290.38(71)
of this title (relating to Definitions). Members, employees, or agents
acting under this authority shall observe the establishment's rules
and regulations concerning safety, internal security, and fire protection,
and if the property has management in residence, shall notify management
or the person then in charge of his presence and shall exhibit proper
credentials.
(b) Microbiological. Submission of samples for microbiological
analysis shall be as required by Subchapter F of this chapter (relating
to Drinking Water Standards Governing Drinking Water Quality and Reporting
Requirements for Public Water Systems). Microbiological samples may
be required by the executive director for monitoring purposes in addition
to the routine samples required by the drinking water standards. These
samples shall be submitted to an accredited laboratory. (A list of
the accredited laboratories can be obtained by contacting the executive
director.) The samples shall be submitted to the executive director
in a manner prescribed by the executive director.
(c) Chemical. Samples for chemical analysis shall be
submitted as directed by the executive director.
(d) Disinfectant residuals and monitoring. A disinfectant
residual must be continuously maintained during the treatment process
and throughout the distribution system.
(1) Disinfection equipment shall be operated and monitored
in a manner that will assure compliance with the requirements of §290.110
of this title (relating to Disinfectant Residuals).
(2) The disinfection equipment shall be operated to
maintain the following minimum disinfectant residuals in each finished
water storage tank and throughout the distribution system at all times:
(A) a free chlorine residual of 0.2 milligrams per
liter (mg/L); or
(B) a chloramine residual of 0.5 mg/L (measured as
total chlorine) for those systems that feed ammonia.
(e) Operation by trained and licensed personnel. Except
as provided in paragraph (1) of this subsection, the production, treatment,
and distribution facilities at the public water system must be operated
at all times under the direct supervision of a water works operator
who holds an applicable, valid license issued by the executive director.
(1) Transient noncommunity public water systems are
exempt from the requirements of this subsection if they use only groundwater
or purchase treated water from another public water system.
(2) All public water systems that are subject to the
provisions of this subsection shall meet the following requirements.
(A) Public water systems shall not allow new or repaired
production, treatment, storage, pressure maintenance, or distribution
facilities to be placed into service without the prior guidance and
approval of a licensed water works operator.
(B) Public water systems shall ensure that their operators
are trained regarding the use of all chemicals used in the water treatment
plant. Training programs shall meet applicable standards established
by the Occupational Safety and Health Administration (OSHA) or the
Texas Hazard Communications Act, Texas Health and Safety Code, Title
6, Chapter 502.
(C) Public water systems using chlorine dioxide shall
place the operation of the chlorine dioxide facilities under the direct
supervision of a licensed operator who has a Class "C" or higher license.
(3) Systems that only purchase treated water shall
meet the following requirements in addition to the requirements contained
in paragraph (2) of this subsection.
(A) Purchased water systems serving no more than 250
connections must employ an operator who holds a Class "D" or higher
license.
(B) Purchased water systems serving more than 250 connections,
but no more than 1,000 connections, must employ an operator who holds
a Class "C" or higher license.
(C) Purchased water systems serving more than 1,000
connections must employ at least two operators who hold a Class "C"
or higher license and who each work at least 16 hours per month at
the public water system's treatment or distribution facilities.
(4) Systems that treat groundwater and do not treat
surface water or groundwater that is under the direct influence of
surface water shall meet the following requirements in addition to
the requirements contained in paragraph (2) of this subsection.
(A) Groundwater systems serving no more than 250 connections
must employ an operator with a Class "D" or higher license.
(B) Groundwater systems serving more than 250 connections,
but no more than 1,000 connections, must employ an operator with a
Class "C" or higher groundwater license.
(C) Groundwater systems serving more than 1,000 connections
must employ at least two operators who hold a Class "C" or higher
groundwater license and who each work at least 16 hours per month
at the public water system's production, treatment, or distribution
facilities.
(5) Systems that treat groundwater that is under the
direct influence of surface water must meet the following requirements
in addition to the requirements contained in paragraph (2) of this
subsection.
(A) Systems which serve no more than 1,000 connections
and utilize cartridge or membrane filters must employ an operator
who holds a Class "C" or higher groundwater license and has completed
a four-hour training course on monitoring and reporting requirements
or who holds a Class "C" or higher surface water license and has completed
the Groundwater Production course.
(B) Systems which serve more than 1,000 connections
and utilize cartridge or membrane filters must employ at least two
operators who meet the requirements of subparagraph (A) of this paragraph
and who each work at least 24 hours per month at the public water
system's production, treatment, or distribution facilities.
(C) Systems which serve no more than 1,000 connections
and utilize coagulant addition and direct filtration must employ an
operator who holds a Class "C" or higher surface water license and
has completed the Groundwater Production course or who holds a Class
"C" or higher groundwater license and has completed a Surface Water
Production course. Effective January 1, 2007, the public water system
must employ at least one operator who has completed the Surface Water
Unit I course and the Surface Water Unit II course.
(D) Systems which serve more than 1,000 connections
and utilize coagulant addition and direct filtration must employ at
least two operators who meet the requirements of subparagraph (C)
of this paragraph and who each work at least 24 hours per month at
the public water system's production, treatment, or distribution facilities.
Effective January 1, 2007, the public water system must employ at
least two operators who have completed the Surface Water Unit I course
and the Surface Water Unit II course.
(E) Systems which utilize complete surface water treatment
must comply with the requirements of paragraph (6) of this subsection.
(F) Each plant must have at least one Class "C" or
higher operator on duty at the plant when it is in operation or the
plant must be provided with continuous turbidity and disinfectant
residual monitors with automatic plant shutdown and alarms to summon
operators so as to ensure that the water produced continues to meet
the commission's drinking water standards during periods when the
plant is not staffed.
(6) Systems that treat surface water must meet the
following requirements in addition to the requirements contained in
paragraph (2) of this subsection.
(A) Surface water systems that serve no more than 1,000
connections must employ at least one operator who holds a Class "B"
or higher surface water license. Part-time operators may be used to
meet the requirements of this subparagraph if the operator is completely
familiar with the design and operation of the plant and spends at
least four consecutive hours at the plant at least once every 14 days
and the system also employs an operator who holds a Class "C" or higher
surface water license. Effective January 1, 2007, the public water
system must employ at least one operator who has completed the Surface
Water Unit I course and the Surface Water Unit II course.
(B) Surface water systems that serve more than 1,000
connections must employ at least two operators; one of the required
operators must hold a Class "B" or higher surface water license and
the other required operator must hold a Class "C" or higher surface
water license. Each of the required operators must work at least 32
hours per month at the public water system's production, treatment,
or distribution facilities. Effective January 1, 2007, the public
water system must employ at least two operators who have completed
the Surface Water Unit I course and the Surface Water Unit II course.
(C) Each surface water treatment plant must have at
least one Class "C" or higher surface water operator on duty at the
plant when it is in operation or the plant must be provided with continuous
turbidity and disinfectant residual monitors with automatic plant
shutdown and alarms to summon operators so as to ensure that the water
produced continues to meet the commission's drinking water standards
during periods when the plant is not staffed.
(D) Public water systems shall not allow Class "D"
operators to adjust or modify the treatment processes at surface water
treatment plant unless an operator who holds a Class "C" or higher
surface license is present at the plant and has issued specific instructions
regarding the proposed adjustment.
(f) Operating records and reports. Water systems must
maintain a record of water works operation and maintenance activities
and submit periodic operating reports.
(1) The public water system's operating records must
be organized, and copies must be kept on file or stored electronically.
(2) The public water system's operating records must
be accessible for review during inspections and be available to the
executive director upon request.
(3) All public water systems shall maintain a record
of operations.
(A) The following records shall be retained for at
least two years:
(i) the amount of chemicals used:
(I) Systems that treat surface water or groundwater
under the direct influence of surface water shall maintain a record
of the amount of each chemical used each day.
(II) Systems that serve 250 or more connections or
serve 750 or more people shall maintain a record of the amount of
each chemical used each day.
(III) Systems that serve fewer than 250 connections,
serve fewer than 750 people, and use only groundwater or purchased
treated water shall maintain a record of the amount of each chemical
used each week;
(ii) the volume of water treated:
(I) Systems that treat surface water or groundwater
under the direct influence of surface water shall maintain a record
of the amount of water treated each day.
(II) Systems that serve 250 or more connections or
serve 750 or more people shall maintain a record of the amount of
water treated each day.
(III) Systems that serve fewer than 250 connections,
serve fewer than 750 people, and use only groundwater or purchase
treated water shall maintain a record of the amount of water treated
each week;
(iii) the date, location, and nature of water quality,
pressure, or outage complaints received by the system and the results
of any subsequent complaint investigation;
(iv) the dates that dead-end mains were flushed;
(v) the dates that storage tanks and other facilities
were cleaned;
(vi) the maintenance records for water system equipment
and facilities; and
(vii) for systems that do not employ full-time operators
to meet the requirements of subsection (e) of this section, a daily
record or a monthly summary of the work performed and the number of
hours worked by each of the part-time operators used to meet the requirements
of subsection (e) of this section.
(B) The following records shall be retained for at
least three years:
(i) copies of notices of violation and any resulting
corrective actions. The records of the actions taken to correct violations
of primary drinking water regulations must be retained for at least
three years after the last action taken with respect to the particular
violation involved;
(ii) copies of any public notice issued by the water
system;
(iii) the disinfectant residual monitoring results
from the distribution system;
(iv) the calibration records for laboratory equipment,
flow meters, rate-of-flow controllers, on-line turbidimeters, and
on-line disinfectant residual analyzers;
Cont'd... |
