Texas Register, Volume 2, Number 98, Pages 4857-4958, December 20, 1977 Page: 4,916
4857-4958 p. ; 28 cm.View a full description of this periodical.
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4916
(a) "Public water system" means any system for
the delivery to the public of piped water for human con-
sumption, if such a system has four or more connec-
tions or regularly serves at least 25 individuals daily at
least 60 cavs out of the year Such term includes:
( 1) any (collection. treatment, storage, and dis-
trihution facilities under control of the operator of such
system, and
(2) any collection or pretreatment storage.
facilities not under such control which are used pri-
marily in connection with such system.
(j) "Status report "means written public notifica-
tion issued by a supplier of water whenever the sup-
plier's system fails to comply with a maximum contami-
nant level, is granted a variance or exemption from a
maximum contaminant level, or fails to( comply with a
schedule for contaminant levels prescribed pursuant to
a variance or exemption.
.003 Standards /of Chemical and Radiological
Quality. All analyses to determine compliance shall be
performed by laboratories approved by the department.
Analyses shall be performed on treated water as fur-
nished to the customer.
(e) Verification of excessive chemical level.
(1) When the results of a chemical analysis in-
dicate that the level of any constituent except nitrate
exceeds the maximum allowable level, at least three ad-
ditional samples shall be collected within one month of
notification to the department. The four analysis
results shall be averaged to determine if the water
served to the public exceeds the maximum allowable
level.
2) When a level exceeding the maximum
allowable level for nitrate is found, a second analysis
must be initiated within 24 hours of receipt of notifica-
tion. If the mean of the two samples exceeds the
allowable level, the supplier of water must report to the
department and notify the public. in accordance with
.003(g).
(f) Variances and exemptions.
(1) "Variance" means an exception to one or
more of the maximum allowable levels which is neces-
sary because the condition of the system's raw water is
such that the maximumr allowable level cannot be met
despite the application of the best available treatment
techniques (taking costs into c(ns(ideritionl subject to
the following conditions:
1(' A schedule. including increments of
progress, is established to bring the system into com-
pliance with the standard in question.
15, The department is required to act upon all
requests for variances or exemptions within a reasona-
ble time period, not to ex(ceedl 9()0 days.
(6) Procedures for public comment and public
hearings on variances, exemptions, and complianceschedules, as a condition of a variance or exemption,
will be as stated in the EPA National Interim Primary
Drinking Water Regulations. Federal Register. Wednes-
day, December 24. 1975. Part IV.
(g) Public notification requirements.
l) Status reports are required of any public
water supply systems which
(A) violates maximum levels,
(B) fails to use prescribed treatment tech-niques.
(C) is granted a variance or exemption,
() fails to comply with a variance or exemp-
tion schedule, or
(E) fails to perform required monitoring.
(2) Status reports shall conform to the follow-
ing requirements:
(A) Notices given shall be written in a man-
ner reasonably designated to inform fully the users of
the system.
(B) Notices shall be conspicuous and shall
not use unduly technical language, unduly small print,
or other methods which would frustrate the purpose of
the notice.
(C) Notices shall disclose all material facts
regarding the subject, including the nature o)f the prob-
lem, and where appropriate, a clear statement that a
primary drinking water regulation has been violated
and any preventive measures that should be taken by
the public.
(D[) Bilingual notice shall be given where
designated by the department
(3) Status reports required under .003(g)(1)
must be issued as follows
(A) With the next water bill or by written
notice if water hill is issued quarterly or not issued at
all, and quarterly thereafter.
(B) In such other form as may be prescribed
by the department, including posting of conspicuous
notice for noncommunityv systems
(C) In the case of a failure to comply with a
maximum (contaminant level which is not corrected
promptly after discovery, the supplier of water must
give other general public not ice of the failure, in addi-
tion to notice by direct mail, in a manner specified by
the department. Such notice may consist of newspaper
advertisement, press release, or other appropriate
means.
.005. Maximum i('tcrio/ogi-al C('ontaminant Levels.
(a) The maximum contaminant .levels for col-
iform bacteria, applicable to community water systems
and noncommunity water systems, are as follows:
(1) When the membrane filter technique is
used, the number of coliform bacteria shall not exceed
any of the following:
(A) One per 100 milliliters as the arithmetict',,hI " "! \', ,;h, 9, 1 nvmhr 20 /9177
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Texas. Secretary of State. Texas Register, Volume 2, Number 98, Pages 4857-4958, December 20, 1977, periodical, December 20, 1977; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253069/m1/60/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.