Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter D - RULES AND REGULATIONS FOR PUBLIC WATER SYSTEMS › Section 290.39 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(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.