Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter F - QUALITY OF SERVICE › Section 291.93 - Adequacy of Water Utility Service

Current through Reg. 49, No. 28; July 12, 2024
Sufficiency of service. Each retail public utility which
					 provides water service shall plan, furnish, operate, and maintain production,
					 treatment, storage, transmission, and distribution facilities of sufficient
					 size and capacity to provide a continuous and adequate supply of water for all
					 reasonable consumer uses.
(1) The
				  water system quantity and quality requirements of the commission shall be the
				  minimum standards for determining the sufficiency of production, treatment,
				  storage, transmission, and distribution facilities of water suppliers and the
				  safety of the water supplied for household usage. Additional capacity shall be
				  provided to meet the reasonable local demand characteristics of the service
				  area, including reasonable quantities of water for outside usage and
				  livestock.
(2) In cases of drought,
				  periods of abnormally high usage, or extended reduction in ability to supply
				  water due to equipment failure, to comply with a state agency or court order on
				  conservation or other reasons identified in the utility's approved drought
				  contingency plan required by §
										288.20
				  of this title (relating to Drought Contingency Plans for Municipal Uses by
				  Public Water Suppliers), restrictions may be instituted to limit water usage in
				  accordance with the utility's approved drought contingency plan. For utilities,
				  these temporary restrictions must be in accordance with an approved drought
				  contingency plan. Unless specifically authorized by the executive director,
				  retail public utilities may not use water use restrictions in lieu of providing
				  facilities which meet the minimum capacity requirements of the commission's
				  rules in Chapter 290 of this title (relating to Rules and Regulations for
				  Public Water Systems), or reasonable local demand characteristics during normal
				  use periods, or when the system is not making all immediate and necessary
				  efforts to repair or replace malfunctioning equipment.
(A) An approved drought contingency plan must
				  be on file with the utility's approved tariff to comply with §
											288.20
				  of this title. The utility may not implement mandatory water use restrictions
				  without an approved drought contingency plan unless authorized by the executive
				  director.
(B) Temporary
				  restrictions must be in accordance with the utility's approved drought
				  contingency plan on file or specifically authorized by the executive director.
				  The utility shall file a status report with the executive director in
				  accordance with the requirements and time frames in the drought contingency
				  plan for as long as water use restrictions continue or as required by the
				  executive director. The executive director may suspend implementation of the
				  restrictions at any time with written notice to the utility.
(C) The utility must provide written notice
				  to each customer in accordance with the drought contingency plan prior to
				  implementing the provisions of the plan. Mailed notice is acceptable and water
				  use restrictions may be enforced by the utility if notice is mailed 72 hours
				  prior to the start of rationing. If notice is hand delivered, the utility
				  cannot enforce the provisions of the plan for 24 hours after notice is provided
				  unless authorized by the executive director. Customer notice must contain:
(i) the date water use restrictions are to
				  begin;
(ii) the expected duration
				  of the water use restrictions;
(iii) the restrictions or stage of the plan
				  being implemented and the specific restrictions which apply; and
(iv) the penalties for violations of the
				  drought contingency plan.
(D) Notice shall be provided to the
				  commission in accordance with §
											288.20(b)
				  of this title and prior to implementing the mandatory provisions of the
				  plan.