Preparation of a Drinking Water Survey Report Page: 3
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Preparation of a Drinking Water Survey Report
Potentially affected private drinking water well A private drinking
water well located within the known extent of a defined
groundwater contaminant plume or within 0.25 miles of
groundwater contamination when the full extent of the groundwater
contaminant plume has not been defined laterally and vertically.
Private drinking water well A non-public water well that is used for
human consumption or is plumbed to a structure.
Public water well A water well that is a component of a system that
has at least 15 service connections or serves at least 25 individuals
at least 60 days out of the year [30 TAC, Section 290.38(66)].
The 78th Legislature passed House Bill 3030, which was subsequently
codified as Section 26.408, Subchapter J, of the TWC. The statute reads:
26.408. Notice of Groundwater Contamination
(a) If a state agency documents under Section
26.406(a) a case of groundwater contamination that
may affect a drinking water well, the state agency
shall notify the commission.
(b) Not later than the 30th day after the date the
commission receives notice under Subsection (a) or
obtains independent knowledge of groundwater
contamination, the commission shall make every
effort to give notice of the contamination by first
class mail to each owner of a private drinking water
well that may be affected by the contamination and
to each applicable groundwater conservation district.
(c) The committee by rule shall prescribe the
form and content of notice required under this
The law took effect Sept. 1, 2003, and applies only to a case of
groundwater contamination documented on or after that date.
TWC, Section 26.408, regulates how the TCEQ and, in particular, the RD
responds to reports of groundwater contamination. In short, the law
allows the TCEQ a maximum of 30 days to provide notice to owners of
private drinking water wells that may be affected by groundwater
contamination. The form and content of this notice is prescribed in 31
TAC, Section 601.10, which was adopted by the Texas Groundwater
Protection Committee in response to TWC, Section 26.408.
Implementation of TWC, Section 26.408, requires new actions to be taken
by both the regulated community and RD staff. Historically, the regulated
community initially reported a case of groundwater contamination to the
TCEQ publication RG-428
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Texas Commission on Environmental Quality. Preparation of a Drinking Water Survey Report, text, January 2010; (texashistory.unt.edu/ark:/67531/metapth624610/m1/3/: accessed December 12, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.