Texas Register, Volume 17, Number 17, Pages 1697-1783, March 6, 1992 Page: 1,720
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system contracts are consistent with current
department policy and with the capacity re-
quirements for systems that provide their own
source of supply.
Concerning 337.209(d)(1), commenters re-
quested an extension of the monthly operat-
ing report (MOR) due date from the 15th of
the following month to the 20th or 25th. In
response, the department disputes the
commenter's claim that sufficient time is not
granted by the existing time limit and, there-
fore, has retained the existing language. Also,
in the case of systems that utilize surface
water sources, the existing date is necessary
so that the department can promptly notify
systems of turbidity monitoring violations.
Concerning 337.209(f), commenters re-
quested that the periodic chlonne residual
monitoring requirement be relaxed further for
small systems The department's response is
that its policy had previously required daily
monitoring for all systems. The proposed lan-
guage relaxed this requirement to allow those
small systems which use groundwater or pur-
chased water sources only and serve fewer
than 100 connections or 250 persons to mon-
itor only once every seven days Currently,
systems that meet this cnteria are "xempt
from the requirement to submit MORs which
require daily chlorine residual monitoring.
Also, the department feels that periodic moni-
toring of chlorine residuals in the system is
extremely important and is consistent with
good public health practices Therefore, the
department has made no change.
In addition, the department has made several
minor changes to the proposed sections as a
result of comments and suggestions received
from the public and department staff during
the comment period
General comments were received from:
Southern Building Code Congress Interna-
tional, Inc.; Upper Guadalupe River Authority;
City of Monahans; City of Normangee;
Barksdale WSC; Bluebonnet WSC; Country
Club WSC; North Texas Municipal Water Dis-
trict; Sky Harbour WSC; Texas Utility Service;
and Philip McElroy. These commenters were
neither for nor against the rules in their entire-
ty, but had questions and recommendations.
Proposed 337.206(h)(2) received a consid-
erable number of comments. Most of the
commenters were against the proposed
amendments to 337.206(h)(2) and they
were: Texas Water Commission; U.S. Envi-
ronmental Protection Agency; Dallas County
Health Department; Dallas City Health De-
partment; Galveston County Health District;
Grand Prairie City Health Department; Harris
County Health Department; San Marcos-
Hays County Health Department; American
Backflow Prevention Association; American
Water Works Association-Texas Section; Ca-
nadian Water Utilities Association; Capitol
Area Water Works Association; Coastal Bend
Water Utilities Association; Coastal Bend
Laboratory Analysts Association; Engineers
Council of Houston; League of Women Vot-
ers; Mid Cities Water Utilities Association;
Panhandle Regional Water Utilities Associa-
tion; Permian Basin District Water Associa-
tion; Rice Belt Water Utilities Association;
Texas Association of Municipal Health Offi-
cials; Texas Municipal League; Texas RuralWater Association; Texas Society of Profes-
sional Engineers; Texas Water Utilities Asso-
ciation; Texas Water Utilities Association-
North Central Chapter; Texoma Land Water
Utilities Association; Greater Texoma Utility
Authority; Guadalupe-Blanco River Authority;
Gulf Coast Water Authority; South Texas Wa-
ter Authority; Cities of Addison; Allen; Amaril-
lo; Andrews; Arlington; Austin; Beaumont;
Benbrook; Boemrne; Booker; Bronte; Browns-
ville; Brownwood; Brazoria; Burleson; Cana-
dian; Carrollton; Cedar Hill; Chico; Clear
Lake; Clute; Cockrell Hill; Coppell; Corinth;
Corpus Christi; Daingerfield; Dallas;
Darrouzett; Denton; Denton Municipal Utili-
ties; Dublin; Edgecliff Village; Ennis; Farmers
Branch; Fate; Fort Worth; Freeport; Galves-
ton; Garland, Georgetown; Glenn Heights;
Grand Prairie; Granger; Grapevine; Green-
ville; Halton City; Harlingen; Higgins; High-
land Village; Houston; Hudson Oaks; Hurst;
Hutchins; Irving; Keller; Kennedale; Kirbyville;
Lakeside; Laredo; League City; Lewisville;
Uano; Lubbock; Mclean; Midland; Murphy;
North Richland Hills; Odem; Pampa; Paris;
Perryton; Piano; Ponder; Quintana; Richard-
son; Richland Hills; Richwood; Roanoke; San
Antonio; Saginaw; San Angelo; Seguin;
Smithville; Southlake, Spearman; Springtown;
Taft; Temple; Tyler; Weatherford; Westover
Hills; Westworth Village; Wheeler; Wichita
Falls; Wilmer; Woodville; Venus; AM-TEX
Corporation; Holiday Water Services, Inc.;
Hot Wells Association; Hp Water Services
Company; Muniservice Corporation; South-
west Water Services, Inc; Texas Utility Man-
agement.; Texoma Services; Water
Technology; Black & Veatch Engineers;
CH2M Hill Engineers; Jones & Carter, Engi-
neers Inc.; Sunbelt Engineers; Argyle Water
Supply Corporation (WSC); Bi-Co. WSC.;
Brooksmith Special Utility District (SUD);
Brown County Water Implementation District
#1; Caddo Basin SUD; Central Bowie County
WSC; Central Texas WSC; Cypresswood
Utility District; Dallas County Park Cities Mu-
nicipal Utility District (MUD); Dobbin-
Planterville WSC; El Oso WSC; Flashing-
Peggy WSC; Fort Bend MUD #2; Galveston
County Water Conservation and Improve-
ment District (WCID) #1; Glennwood WSC;
Green Forest District; Harris County MUD
#102; Harris County WCID #132; Highland
WSC; Kingsland WSC; Kingsland MUD; Klein
PUD; North Texas Municipal Water District
(MWD); Oak Hill WSC; Pine Prairie WSC;
San Patricio MWD.; Tarrant County MUD #1;
Three Oaks WSC; Travis County WCID #17;
Wickson Creek Special Utility District;
Apache Shores Utility Corporation; Holiday
Oaks Water System; Horseshoe Bend Water
Works; Indian Hills Water Company; Kerrville
South Water Co; Kruger Water Works; Lake
Vista Utility Company; Randolph Properties;
Resort Water Services, Inc.; individuals of the
Texas Legislature; an individual M.D.; in addi-
tion, a number of other individuals, com-
mented against the proposed amendments to
337.206(h)(2).
Commenters in support of the proposed
amendments to 337.206(j)(2) were:
Demarco Energy Systems of America, Inc.;
Earth Energy Associates-Denver, Colorado;
Cen-Tex Health Associates; John Harris Ser-
vices; Pride Electric Company; Monroeville
Water Authority, Monroeville, Pennsylvania;individuals of the Texas Legislature. A num-
ber of other individuals also commented in
favor of the proposed amendment to
337.206(h)(2).
* 25 TAC 337.201, 337.202,
337.204-337.212
The amendments and new section are
adopted under Health and Safety Code
(Code), 341.002, which provides the Board
of Health with the authority to adopt rules
covering public water systems, and to estab-
lish standards and procedures for the man-
agement and control of sanitation and for
health protection measures; 12.001, which
provides the board with the authority to adopt
rules to implement every duty imposed by law
on the board, the department, and the com-
missioner of health. The amendments and
new section will affect the Code, Chapter
341.
337.204. Water Sources.
(a)-(b) (No change.)
(c) Ground water sources and de-
velopment.
(1) Ground water sources shall
be so located that there will be no danger of
pollution from flooding or from insanitary
surroundings, such as privies, sewage, sew-
age treatment plants, livestock and animal
pens, solid waste disposal sites, or aban-
doned and improperly sealed wells.
(A) No well site which is
within 50 feet of a tile or concrete sanitary
sewer, sewerage appurtenance, septic tank,
or storm sewer, or which is within 150 feet
of a septic tank perforated drainfield, ab-
sorption bed, evapotranspiration bed, or un-
derground fuel storage tank will be
acceptable for use as a public drinking wa-
ter supply well. Sanitary or storm sewers
constructed of ductile iron or PVC pipe
meeting AWWA standards, having a mini-
mum working pressure of 150 psi or great-
er, and equipped with pressure type joints
may be located at distances of less than 50
feet from a proposed well site but in no case
shall the distance be less than 10 feet.
(B) (No change.)
(C) No water wells shall be
located within 500 feet of animal feed lots,
solid waste disposal sites, lands on which
sewage plant or septic tank sludge is ap-
plied, or lands irrigated by sewage plant
effluent.
(D) (No change.)
(E) Abandoned or inopera-
tive wells within one quarter mile of a
proposed source shall be reported to the
department along with existing or possible17 TexReg 1720 March 6, 1992 Texas Register
17 TexReg 1720 March 6, 1992
Texas Register
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Texas. Secretary of State. Texas Register, Volume 17, Number 17, Pages 1697-1783, March 6, 1992, periodical, March 6, 1992; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth190760/m1/24/: accessed June 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.