reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter G - WATER SAVING PERFORMANCE STANDARDS › Section 290.256 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) These sections
				  do not apply to a plumbing fixture:
(1) that
				  has been ordered by or is in the inventory of a building contractor or a
				  wholesaler or retailer in Texas on or before January 1, 1992;
(2) such as a safety shower or aspirator
				  faucet, that, because of the fixture's specialized function, cannot meet the
				  standards established by these sections (example: fixtures in handicapped
				  modified showers, etc.);
(3)
				  originally installed before January 1, 1992, that is removed and reinstalled in
				  the same building on or after that date;
(4) imported only for use at the importer's
				  domicile;
(5) that is a nonwater
				  supplied urinal;
(6) that has been
				  certified by the United States Environmental Protection Agency under the
				  WaterSense program; or
(7) if it
				  has been determined by the governing body of a municipality or county that to
				  flush a public sewer system located in the municipality or county in a manner
				  consistent with public health, a greater quantity of water is required because
				  of the configuration of the drainage system of buildings located in the
				  municipality or county or the public sewer system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter G - WATER SAVING PERFORMANCE STANDARDS › Section 290.260 - Labeling

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibitions. A
				  person may not sell, offer for sale, distribute, or import into this state a
				  new commercial or residential clothes washing machine, dish washing machine, or
				  lawn sprinkler unless the clothes washing machine, dish washing machine, or
				  lawn sprinkler is marked or labeled in accordance with these sections.
(1) Each clothes washing machine and dish
				  washing machine shall have an attached label that shows the amount of water
				  used per cycle.
(2) Each lawn
				  sprinkler shall be marked with the water usage expressed in gallons per minute
				  (gpm) by either a permanent mark on each sprinkler, or a label or tag attached
				  to each sprinkler.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter G - WATER SAVING PERFORMANCE STANDARDS › Section 290.261 - Reporting on Clothes Washing Machines

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A manufacturer who imports one or more clothes washing machines into the state,
				  a trade association representing the manufacturer, or other entities must
				  report the following information to the executive director not later than
				  January 31st of each year:
(1) the number of
				  clothes washing machines imported into the state during the preceding calendar
				  year with a water consumption factor of more than 11;
(2) the number of clothes washing machines
				  imported into the state during the preceding calendar year with a water
				  consumption factor of more than 9.5, but not more than 11;
(3) the number of clothes washing machines
				  imported into the state during the preceding calendar year with a water
				  consumption factor of 9.5 or less; and
(4) the average water consumption factor of
				  all clothes washing machines imported into the state during the preceding
				  calendar year.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter G - WATER SAVING PERFORMANCE STANDARDS › Section 290.265 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  violates these sections shall be assessed an administrative penalty in an
				  amount described in paragraphs (1)-(3) of this subsection but not to exceed
				  $5,000 for each violation and for each day of a continuing violation.
(1) The penalty for sale, offering for sale,
				  distributing, or importing a plumbing fixture which does not meet the
				  requirements of these sections shall be a minimum of $25 and a maximum of $500
				  for each unit sold, offered for sale, distributed, or imported. The amount of
				  the assessed penalty will be based upon subsequent cooperation by the violators
				  with the commission.
(2) The
				  penalty for sale, offering for sale, distributing, or importing a plumbing
				  fixture not labeled in accordance with these sections shall be a minimum of $25
				  and a maximum $500 for each unit sold, offered for sale, distributed, or
				  imported. The amount of assessed penalty will be based upon subsequent
				  cooperation by the violators with the commission.
(3) The penalty for willful and continuing
				  violation of paragraphs (1) and/or (2) of this subsection shall be above $5,000
				  for each violation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter G - WATER SAVING PERFORMANCE STANDARDS › Section 290.266 - Civil Penalty; Injunction

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  who violates these sections is subject to civil penalty not to exceed $5,000
				  for each violation and for each day of a continuing violation.
(b) If it appears that a person has violated,
				  is violating, or is threatening to violate these rules, the commission, a
				  county, or a municipality may bring a civil action in a district court in
				  Travis County, the county in which the defendant resides, or the county where
				  the violation occurred, is occurring, or is threatened for:
(1) injunctive relief to restrain the person
				  from continuing the violation or threat of violation;
(2) assessment of a civil penalty for a
				  violation; or
(3) both injunctive
				  relief and a civil penalty.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter G - WATER SAVING PERFORMANCE STANDARDS › Section 290.267 - Phase-In of Water Saving Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding §
										290.252(b)(3) and
				  (5) of this title (relating to Design
				  Standards), at least the following percentage of the models of urinals and of
				  the models of toilets offered for sale by a manufacturer in this state must
				  meet the requirements of §
										290.252(b)(4) and
				  (6) of this title, respectively:
(1) 50% of the models of urinals and of the
				  models of toilets offered for sale on January 1, 2010;
(2) 67% of the models of urinals and of the
				  models of toilets offered for sale on January 1, 2011;
(3) 75% of the models of urinals and of the
				  models of toilets offered for sale on January 1, 2012; and
(4) 85% of the models of urinals and of the
				  models of toilets offered for sale on January 1, 2013.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter H - CONSUMER CONFIDENCE REPORTS › Section 290.271 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of the sections in this subchapter is to establish the minimum requirements for
				  the content of annual reports that community water systems must deliver to
				  their customers. These reports must contain information on the quality of the
				  water delivered by the systems and characterize any risk from exposure to
				  contaminants detected in the drinking water in an accurate and understandable
				  manner. This subchapter applies only to community water systems.
(b) Each community water system must provide
				  to its customers an annual report that contains the information specified in
				  this subchapter.
(c) For the
				  purposes of this section, the term "detected" shall mean the detection of a
				  chemical at any level equal to or greater than the minimum detection
				  level.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter H - CONSUMER CONFIDENCE REPORTS › Section 290.272 - Content of the Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Information on
				  the source of the water delivered must be included in the report.
(1) Each report must identify the source(s)
				  of the water delivered by the community water system by providing information
				  on the type of the water (such as surface water or groundwater) and any
				  commonly used name and location of the body(ies) of water.
(2) If a source water assessment has been
				  completed, the report must notify consumers of the availability of this
				  information and the means to obtain it. In the reports, systems should
				  highlight significant sources of contamination in the source water area if they
				  have readily available information.
(3) If a system has received a source water
				  assessment from the executive director, the report must include a brief summary
				  of the system's susceptibility to potential sources of contamination using
				  language provided by the executive director or written by a water system
				  official and approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 290 - PUBLIC DRINKING WATER › Subchapter H - CONSUMER CONFIDENCE REPORTS › Section 290.275 - Appendices A - D

Current through Reg. 49, No. 28; July 12, 2024
The following appendices are integral components of the
					 subchapter.
(1) Appendix A--Converting
				  Maximum Contaminant Level Compliance Values for Consumer Confidence Reports
				  (CCR).
Attached Graphic
(2) Appendix B--Sources of
				  Regulated Contaminants.
Attached Graphic
(3) Appendix C--Health Effects
				  Language.
Attached Graphic
(4) Appendix D--Unregulated
				  Contaminants.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 291.1 - Purpose and Scope of This Chapter

Current through Reg. 49, No. 28; July 12, 2024
This chapter is intended to govern the procedure for the
					 institution, conduct and determination of commission proceedings under Texas
					 Water Code (TWC), §§11.036 - 11.041 and Chapter 13. This chapter
					 shall not be construed so as to enlarge, diminish, modify, or alter the
					 jurisdiction, powers, or authority of the commission or the substantive rights
					 of any person. This chapter shall be given a fair and impartial construction to
					 obtain these objectives and shall be applied uniformly regardless of race,
					 color, religion, sex, or marital status.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 291.14 - Emergency Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  or executive director may issue orders under Chapter 35 of this title (relating
				  to Emergency and Temporary Orders and Permits; Temporary Suspension or
				  Amendment of Permit Conditions) to:
(1)
				  appoint a temporary manager under Texas Water Code, §
											5.507
				  and §
											13.4132;
(2) compel a retail public utility that has
				  obtained a certificate of public convenience and necessity to provide water or
				  sewer service, or both, that complies with all statutory and regulatory
				  requirements of the commission if necessary to ensure safe drinking water or
				  environmental protection; and
(3)
				  compel a retail public utility to provide an emergency interconnection with a
				  neighboring retail public utility for the provision of temporary water or sewer
				  service, or both, for not more than 90 days if necessary to ensure safe
				  drinking water or environmental protection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter A - GENERAL PROVISIONS › Section 291.15 - Notice of Wholesale Water Supply Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A district or authority created under
				  Texas Constitution, §52, Article III, or §59, Article XVI, a retail
				  public utility, a wholesale water service, or other person providing a retail
				  public utility with a wholesale water supply shall provide the commission with
				  a certified copy of any wholesale water supply contract with a retail public
				  utility within 30 days after the date of the execution of the
				  contract.
(b) The submission must
				  include:
(1) the amount of water being
				  supplied;
(2) term of the
				  contract;
(3) consideration being
				  given for the water;
(4) purpose of
				  use;
(5) location of use;
(6) source of supply;
(7) point of delivery;
(8) limitations on the reuse of
				  water;
(9) a disclosure of any
				  affiliated interest between the parties to the contract; and
(10) any other condition or agreement
				  relating to the contract.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter D - RECORDS AND REPORTS › Section 291.76 - Regulatory Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purpose of this section, utility service provider means a public utility, water
				  supply or sewer service corporation as defined in Texas Water Code (TWC),
				  §13.002, or a district as defined in TWC, §49.001.
(b) Except as otherwise provided, a utility
				  service provider which provides potable water or sewer utility service shall
				  collect a regulatory assessment from each retail customer and remit such fee to
				  the commission under the provisions of this section.
(c) A utility service provider is prohibited
				  from collecting a regulatory assessment from the state or a state agency or
				  institution.
(d) The regulatory
				  assessment amount payable to the commission shall be based on the following:
(1) for a public utility as defined in TWC,
				  §13.002, 1.0% of the charge for retail water and sewer service;
(2) for a water supply or sewer service
				  corporation as defined in TWC, §13.002, 0.5% of the charge for retail
				  water and sewer service;
(3) for a
				  district as defined in TWC, §49.001, 0.5% of the charge for retail water
				  and sewer service.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter F - QUALITY OF SERVICE › Section 291.92 - Requirements by Others

Current through Reg. 49, No. 28; July 12, 2024
The application of commission rules shall not relieve the
					 retail public utility from abiding by the requirements of the laws and
					 regulations of the state, local department of health, local ordinances, and all
					 other regulatory agencies having jurisdiction over such
					 matters.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter F - QUALITY OF SERVICE › Section 291.94 - Adequacy of Sewer Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Sufficiency
				  of service. Each retail public utility shall plan, furnish, operate, and
				  maintain collection, treatment, and disposal facilities to collect, treat and
				  dispose of waterborne human waste and waste from domestic activities such as
				  washing, bathing, and food preparation. These facilities must be of sufficient
				  size to meet the minimum design criteria for wastewater facilities of the
				  commission for all normal demands for service and provide a reasonable reserve
				  for emergencies. Unless specifically authorized in a written service agreement,
				  a retail public utility is not required to receive, treat and dispose of waste
				  with high BOD or TSS characteristics that cannot be reasonably processed, or
				  storm water, run-off water, food or food scraps not previously processed by a
				  grinder or similar garbage disposal unit, grease or oils, except as incidental
				  waste in the process or wash water used in or resulting from food preparation
				  by sewer utility customers engaged in the preparation and/or processing of food
				  for domestic consumption or sale to the public. Grease and oils from grease
				  traps or other grease and/or oil storage containers shall not be placed in the
				  wastewater system.
(b) Sufficiency
				  of treatment. Each retail public utility shall maintain and operate treatment
				  facilities of adequate size and properly equipped to treat sewage and discharge
				  the effluent at the quality required by the laws and regulations of the State
				  of Texas.
(c) Maintenance of
				  facilities.
(1) The retail public utility
				  shall maintain its collection system and appurtenances to minimize
				  blockages.
(2) If the utility
				  retains ownership of receiving tanks located on the customer's property or
				  other facilities and appurtenances, it is the utility's responsibility and
				  liability to perform routine maintenance and repair.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter F - QUALITY OF SERVICE › Section 291.95 - Standards of Construction

Current through Reg. 49, No. 28; July 12, 2024
In determining standard practice, the commission will be
					 guided by the provisions of the American Water Works Association, and such
					 other codes and standards that are generally accepted by the industry, except
					 as modified by this commission, or municipal regulations within their
					 jurisdiction. Each system shall construct, install, operate, and maintain its
					 plant, structures, equipment, and lines in accordance with these standards, and
					 in such manner to best accommodate the public, and to prevent interference with
					 service furnished by other retail public utilities insofar as
					 practical.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter G - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 291.103 - Certificates Not Required

Current through Reg. 49, No. 28; July 12, 2024
A utility or water supply corporation is exempt from the
					 requirement to possess a certificate of convenience and necessity in order to
					 provide retail water service if it:
(1) has less than 15 potential service
				  connections;
(2) is not owned by or
				  affiliated with a retail public utility or any other provider of potable water
				  service;
(3) is not within the
				  certificated area of another retail public utility; and
(4) is not within the corporate boundaries of
				  a district or municipality unless it receives written authorization from the
				  district or municipality.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter G - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 291.110 - Foreclosure and Bankruptcy

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  utility that receives notice that all or a portion of the utility's facilities
				  or property used to provide utility service are being posted for foreclosure
				  shall notify the commission in writing of that fact not later than the tenth
				  day after the date on which the utility receives the notice.
(b) A financial institution that forecloses
				  on a utility or on any part of the utility's facilities or property that are
				  used to provide utility service shall provide written notice to the commission
				  before the 30th day preceding the date on which the foreclosure is
				  completed.
(c) Not later than the
				  48th hour after the hour in which a utility files a bankruptcy petition, the
				  utility shall report this fact to the commission in writing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter G - CERTIFICATES OF CONVENIENCE AND NECESSITY › Section 291.114 - Requirement to Provide Continuous and Adequate Service

Current through Reg. 49, No. 28; July 12, 2024
After notice and hearing, the commission may:
(1) order any retail public utility that is
				  required by law to possess a certificate of public convenience and necessity or
				  any retail public utility that possesses a certificate of public convenience
				  and necessity and is located in an affected county as defined in Texas Water
				  Code, §
										16.341, to:
(A) provide specified improvements in its
				  service in a defined area if:
(i) service in
				  that area is inadequate as set forth in §
												291.93
				  and §
												291.94
				  of this title (relating to Adequacy of Water Utility Service; and Adequacy of
				  Sewer Service); or
(ii) is
				  substantially inferior to service in a comparable area; and
(iii) it is reasonable to require the retail
				  public utility to provide the improved service; or
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter I - WHOLESALE WATER PETITIONS › Section 291.128 - Petition Concerning Wholesale Water

Current through Reg. 49, No. 28; July 12, 2024
This subchapter sets forth substantive guidelines and
					 procedural requirements concerning a petition filed pursuant to Texas Water
					 Code, §§
										11.036
					 -
					 11.041.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter I - WHOLESALE WATER PETITIONS › Section 291.129 - Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) The petitioner
				  must file a written petition with the commission accompanied by the filing fee
				  required by the Texas Water Code. The petitioner must serve a copy of the
				  petition on the party against whom the petitioner seeks relief and other
				  appropriate parties.
(b) The
				  petition must clearly state the statutory authority which the petitioner
				  invokes, specific factual allegations, and the relief which the petitioner
				  seeks. The petitioner must attach any applicable contract to the
				  petition.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter I - WHOLESALE WATER PETITIONS › Section 291.130 - Contents of Petition under Texas Water Code, Sections 11.036-11.041

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  seeking relief under the Texas Water Code (TWC), §§11.036 - 11.041
				  should include in a written petition to the commission, the following
				  information, as applicable to the section of the TWC under which the petitioner
				  seeks relief:
(1) the petitioner's
				  name;
(2) the name of the entity
				  from which water is received or sought;
(3) an explanation of why the petitioner is
				  entitled to receive or use the water;
(4) that the petitioner is willing and able
				  to pay a just and reasonable price for the water;
(5) that the party owning or controlling the
				  water supply has water not contracted to others and available for the
				  petitioner's use; and
(6) that the
				  party owning or controlling the water supply fails or refuses to supply the
				  available water to the petitioner, or that the price or rental demanded for the
				  available water is not just and reasonable or is discriminatory.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter I - WHOLESALE WATER PETITIONS › Section 291.131 - Executive Director's Review of Petition

Current through Reg. 49, No. 28; July 12, 2024
When a petition is filed, including a petition subject to
					 the Texas Water Code (TWC), §11.041, the executive director shall
					 determine within ten days of the filing of the petition whether the petition
					 contains all of the information required by this subchapter. For purposes of
					 this section only, the executive director's review of probable grounds shall be
					 limited to a determination whether the petitioner has met the requirements of
					 §
										291.129 of
					 this title (relating to Petition). If the executive director determines that
					 the petition does not meet the requirements of §
										291.129 of
					 this title, the executive director shall inform the petitioner of the
					 deficiencies within the petition and allow the petitioner the opportunity to
					 correct these deficiencies. If the executive director determines that the
					 petition does meet the requirements of §
										291.129 of
					 this title, the executive director shall forward the petition to the State
					 Office of Administrative Hearings for an evidentiary hearing under TWC,
					 §§11.036 - 11.041 as applicable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter J - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 291.140 - Enforcement Action

Current through Reg. 49, No. 28; July 12, 2024
If the executive director has reason to believe that the
					 failure of the owner or operator of a water utility to properly operate,
					 maintain, or provide adequate facilities presents an imminent threat to human
					 health or safety, the executive director shall immediately:
(1) Notify the utility's representative;
				  and
(2) Initiate enforcement action
				  consistent with:
(A) This subchapter;
				  and
(B) Procedural rules adopted by
				  the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter J - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 291.142 - Operation of Utility That Discontinues Operation or Is Referred for Appointment of a Receiver

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  or the executive director, after providing to the utility notice and an
				  opportunity for a hearing, may authorize a willing person to temporarily manage
				  and operate a utility that:
(1) has
				  discontinued or abandoned operations or the provision of services;
(2) is being referred to the attorney general
				  for the appointment of a receiver under Texas Water Code (TWC), §13.412
				  for:
(A) having expressed an intent to
				  abandon or abandoned operation of its facilities;
(B) having violated a final order of the
				  commission;
(C) having allowed any
				  property owned or controlled by it to be used in violation of a final order of
				  the commission; or
(D) violates a
				  final judgment issued by a district court in a suit brought by the attorney
				  general under:
(i) TWC, Chapter 7;
(ii) TWC, Chapter 13; or
(iii) Texas Health and Safety Code, Chapter
				  341; or
(3)
				  provides retail water or sewer utility service through fewer than 10,000 taps
				  or connections and violates a final order of the commission by failing to:
(A) provide system capacity that is greater
				  than the required raw water or groundwater production rate or the anticipated
				  daily demand of the system;
(B)
				  provide a minimum pressure of 35 pounds per square inch throughout the
				  distribution system under normal operating conditions; or
(C) maintain accurate or properly calibrated
				  testing equipment or other means of monitoring the effectiveness of a chemical
				  treatment or pathogen inactivation or removal process.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter J - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 291.143 - Operation of a Utility by a Temporary Manager

Current through Reg. 49, No. 28; July 12, 2024
(a) By emergency order under Texas Water Code
				  (TWC), §5.507 and §13.4132, the commission or the executive director
				  may appoint a person under Chapter 35 of this title (relating to Emergency and
				  Temporary Orders and Permits; Temporary Suspension or Amendment of Permit
				  Conditions) to temporarily manage and operate a utility that has discontinued
				  or abandoned operations or the provision of services, or which has been or is
				  being referred to the attorney general for the appointment of a receiver under
				  TWC, §13.412.
(b) A person
				  appointed under this section has the powers and duties necessary to ensure the
				  continued operation of the utility and the provision of continuous and adequate
				  services to customers, including the power and duty to:
(1) read meters;
(2) bill for utility services;
(3) collect revenues;
(4) disburse funds;
(5) request rate increases if
				  needed;
(6) access all system
				  components;
(7) conduct required
				  sampling;
(8) make necessary
				  repairs; and
(9) perform other acts
				  necessary to assure continuous and adequate utility service as authorized by
				  the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter J - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 291.144 - Fines and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Fines and
				  penalties collected under Texas Water Code, Chapter 13, from a retail public
				  utility that is not a public utility in other than criminal proceedings shall
				  be paid to the commission and deposited in the general revenue fund.
(b) The commission shall provide a reasonable
				  period for a retail public utility that takes over a nonfunctioning system to
				  bring the nonfunctioning system into compliance with commission rules, during
				  which the commission may not impose a penalty for any deficiency in the system
				  that is present at the time the retail public utility takes over the
				  nonfunctioning system. The commission must consult with the retail public
				  utility before determining the period and may grant an extension of the period
				  for good cause.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter J - ENFORCEMENT, SUPERVISION, AND RECEIVERSHIP › Section 291.145 - Preenforcement Threshold of Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Operating Entity--The governing body of a
				  political subdivision, as defined by Texas Water Code, §
											17.921(3)
				  and by the rules of the Texas Water Development Board (TWDB), responsible for
				  providing water supply and sewer services and the management of its water and
				  sewer system.
(2) Preenforcement
				  Threshold of Noncompliance--The point at which the commission determines that
				  an operating entity needs training because its financial, managerial, or
				  technical capabilities are inadequate to ensure that operation of its water or
				  wastewater facilities will meet requirements of the Economically Distressed
				  Areas Program ((EDAP), Texas Water Code, Chapter 17, Subchapter M) or are
				  inadequate to ensure its financial viability.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter L - STANDARDS OF EMERGENCY OPERATIONS › Section 291.160 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Texas Water Code, Chapter 13, Subchapter E, §13.1394 and
													 §13.1395, prescribes the duties of the commission relating to standards for emergency operations of
													 affected utilities. The statutes require that the commission ensure that affected utilities provide water
													 service as soon as safe and practicable during an extended power outage. This subchapter sets forth
													 requirements and implementation of emergency operation planning of affected utilities as defined in this
													 subchapter. Public water systems must comply with the emergency operations requirements as defined in Chapter
													 290, Subchapter D of this title (relating to Rules and Regulations for Public Water
													 Systems).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter L - STANDARDS OF EMERGENCY OPERATIONS › Section 291.161 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, the following definitions
													 apply.
(1) Affected utility--
(A)
											  Any retail public utility, exempt utility, or provider or conveyor of potable or raw water service that
											  furnishes water service to more than one customer is an affected utility as defined in TWC §13.1394;
											  or
(B) Any retail public utility, exempt utility, or provider or
											  conveyor of potable or raw water service that furnishes water service to more than one customer is an
											  affected utility as defined in TWC §13.1395 in a county with a population of:
(i) 3.3 million or more; or
(ii) 550,000 or more adjacent to a county with a population of 3.3 million
											  or more.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter L - STANDARDS OF EMERGENCY OPERATIONS › Section 291.162 - Emergency Operation of an Affected Utility as Defined in TWC Section 13.1395

Current through Reg. 49, No. 28; July 12, 2024
(a) An affected utility shall adopt and submit to
											  the executive director for its approval an emergency preparedness plan that demonstrates the utility's
											  ability to provide emergency operations.
(b) The executive
											  director shall review an emergency preparedness plan submitted by an affected utility. If the executive
											  director determines that the plan is not acceptable, the executive director shall recommend changes to the
											  plan. The executive director must make its recommendations on or before the 90th day after the executive
											  director receives the plan.
(c) An emergency preparedness plan
											  shall provide for one of the following:
(1) the maintenance of automatically
											  starting auxiliary generators;
(2) the sharing of auxiliary
											  generator capacity with one or more affected utilities;
(3) the
											  negotiation of leasing and contracting agreements, including emergency mutual aid agreements with other
											  retail public utilities, exempt utilities, or providers or conveyors of potable or raw water service, if the
											  agreements provide for coordination with the division of emergency management in the governor's
											  office;
(4) the use of portable generators capable of serving
											  multiple facilities equipped with quick-connect systems;
(5) the
											  use of on-site electrical generation or distributed generation facilities;
(6) hardening the electric transmission and distribution system serving the
											  water system;
(7) for existing facilities, the maintenance of
											  direct engine or right angle drives; or
(8) any other alternative
											  determined by the executive director to be acceptable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter L - STANDARDS OF EMERGENCY OPERATIONS › Section 291.163 - Emergency Operation of an Affected Utility as Defined in TWC Section 13.1394

Current through Reg. 49, No. 28; July 12, 2024
(a) An affected utility shall adopt and submit to
											  the executive director for approval an emergency preparedness plan that demonstrates the utility's ability to
											  provide emergency operations and a timeline for implementing the plan.
(b) The executive director shall review an emergency preparedness plan
											  submitted by an affected utility. If the executive director determines that the plan is not acceptable, the
											  executive director shall request additional information or recommend changes to the plan. The executive
											  director shall communicate to the affected utility the request for information or recommendations on or
											  before the 90th day after the executive director receives the plan.
(c) An emergency preparedness plan shall include one or more of the
											  following:
(1) the maintenance of automatically starting auxiliary
											  generators;
(2) the sharing of auxiliary generator capacity with
											  one or more affected utilities, including through participation in a statewide mutual aid program;
(3) the negotiation of leasing and contracting agreements, including
											  emergency mutual aid agreements with other retail public utilities, exempt utilities, or providers or
											  conveyors of potable or raw water service, if the agreements provide for coordination with the division of
											  emergency management in the governor's office;
(4) the use of
											  portable generators capable of serving multiple facilities equipped with quick-connect systems;
(5) the use of on-site electrical generation or distributed generation
											  facilities;
(6) hardening the electric transmission and
											  distribution system serving the water system;
(7) the maintenance
											  of direct engine or right-angle drives;
(8) designation of the
											  water system as a critical load facility or redundant, isolated, or dedicated electrical feeds;
(9) water storage capabilities;
(10) water supplies delivered from outside the service area of the affected
											  utility;
(11) the ability to provide water through artesian
											  flows;
(12) redundant interconnectivity between pressure
											  zones;
(13) emergency water demand rules to maintain emergency
											  operations; or
(14) any other alternative determined by the
											  executive director to be acceptable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 291 - UTILITY REGULATIONS › Subchapter M - WATER SHORTAGE REPORT › Section 291.200 - Water Shortage Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) A retail public
				  utility as defined by Texas Water Code, §
										13.002(19)
				  and each entity from which the utility is obtaining wholesale water service for
				  the utility's retail system shall report to the executive director when the
				  utility or entity is reasonably certain that the water supply will be available
				  for less than 180 days. The reporting must be accomplished by utilizing the
				  online "PWS Drought Contingency Plan Reporting Form."
(b) If reporting cannot be accomplished in
				  accordance with subsection (a) of this section then the retail public utility
				  or entity from which the utility is obtaining wholesale water service may
				  report to the executive director by United States Postal Service mail, program
				  electronic mail, or facsimile.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 292 - SPECIAL REQUIREMENTS FOR CERTAIN DISTRICTS AND AUTHORITIES › Subchapter A - GENERAL PROVISIONS › Section 292.1 - Objective and Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission has the continuing right of
				  supervision of districts and authorities created under Article III, §52 and
				  Article XVI, §59 of the Texas Constitution. This chapter shall govern the
				  administrative policies of the following districts:
(1) Angelina and Neches River Authority;
(2) Bexar-Medina-Atascosa Counties Water Control
				  and Improvement District Number 1;
(3)
				  Brazos River Authority;
(4) Canadian
				  River Municipal Water Authority;
(5)
				  Colorado River Municipal Water District;
(6) Dallas County Utility and Reclamation
				  District;
(7) Guadalupe-Blanco River
				  Authority;
(8) Gulf Coast Water
				  Authority;
(9) Lavaca-Navidad River
				  Authority;
(10) Lower Colorado River
				  Authority;
(11) Lower Neches Valley
				  Authority;
(12) Mackenzie Municipal
				  Water Authority;
(13) North Central
				  Texas Municipal Water Authority;
(14)
				  North Harris County Regional Water Authority;
(15) North Texas Municipal Water
				  District;
(16) Northeast Texas Municipal
				  Water District;
(17) Nueces River
				  Authority;
(18) Red River Authority of
				  Texas;
(19) Sabine River
				  Authority;
(20) San Antonio River
				  Authority;
(21) San Jacinto River
				  Authority;
(22) Sulphur River Basin
				  Authority;
(23) Sulphur River Municipal
				  Water District;
(24) Tarrant Regional
				  Water District, a Water Control and Improvement District;
(25) Titus County Fresh Water Supply District
				  Number 1;
(26) Trinity River Authority
				  of Texas;
(27) Upper Colorado River
				  Authority;
(28) Upper Guadalupe River
				  Authority;
(29) Upper Neches River
				  Municipal Water Authority; and
(30) West
				  Central Texas Municipal Water District.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 292 - SPECIAL REQUIREMENTS FOR CERTAIN DISTRICTS AND AUTHORITIES › Subchapter A - GENERAL PROVISIONS › Section 292.2 - Meaning of Certain Words

Current through Reg. 49, No. 28; July 12, 2024
Unless the context requires otherwise, the following terms
					 and phrases shall mean the following:
(1) Authority shall be used interchangeably
				  with the term District to connote any entity created by Article III, Section 52
				  or Article XVI, Section 59, of the Texas Constitution and which are subject to
				  these rules.
(2) Board means the
				  governing body of the district.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 292 - SPECIAL REQUIREMENTS FOR CERTAIN DISTRICTS AND AUTHORITIES › Subchapter B - ADMINISTRATIVE POLICIES › Section 292.11 - Administrative Policies To Be Adopted by the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) All districts must adopt certain
				  administrative policies in compliance with Water Code, §
										49.199
				  and §
										49.200.
				  The administrative policies shall incorporate the legal provisions as set forth
				  in §
										292.13 of this
				  title (relating to Minimum Provisions). The provisions set forth in §
										292.13 of this
				  title are considered to be the minimum standards by which the conduct and
				  activities of the boards are governed.
(b) These rules do not preclude any district
				  from adopting policies which address other administrative matters or which are
				  more specific as to the interpretation and implementation of the legal
				  provisions referenced in §
										292.12
				  of this title (relating to Right of Executive Director To Review Policies and
				  Other Documents).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 292 - SPECIAL REQUIREMENTS FOR CERTAIN DISTRICTS AND AUTHORITIES › Subchapter B - ADMINISTRATIVE POLICIES › Section 292.12 - Right of Executive Director To Review Policies and Other Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Each authority
				  subject to these rules shall submit to the executive director a copy of its
				  administrative policies and any subsequent amendments as adopted by the
				  governing board.
(b) The executive
				  director shall file the copies of the administrative policies and shall make
				  them available for public inspections.
(c) The executive director may request
				  additional documents from the district or inspect records at the office of the
				  district to determine compliance with the adopted administrative
				  policies.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 292 - SPECIAL REQUIREMENTS FOR CERTAIN DISTRICTS AND AUTHORITIES › Subchapter B - ADMINISTRATIVE POLICIES › Section 292.13 - Minimum Provisions

Current through Reg. 49, No. 28; July 12, 2024
The following provisions shall be incorporated into the
					 administrative policies adopted by the authorities subject to these rules.
(1) Code of Ethics. The administrative policies
				  shall mandate compliance with the following standards:
(A) the Local Government Code, Chapter 171,
				  relating to conflicts of interests with a business entity in which the official has
				  a substantial interest.
(B) Texas
				  Government Code, Chapter 573, relating to nepotism.
(C) for River Authorities, Texas Government Code,
				  Chapter 572, relating to standards of conduct, personal financial disclosure, and
				  conflict of interest.
(D) Article III,
				  Section 52, of the Texas Constitution, relating to the prohibition on granting
				  public money or things of value to any individual, association or
				  corporation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter A - GENERAL PROVISIONS › Section 293.1 - Objective and Scope of Rules; Meaning of Certain Words

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission has the statutory duty and
				  responsibility to create, supervise, and dissolve certain water and water
				  related districts and to approve the issuance and sale of bonds for district
				  improvements in accordance with the Texas Water Code (TWC). This chapter,
				  adopted under TWC, §§5.103, 5.105, and 5.701, shall govern the
				  creation, supervision, and dissolution of all general and special law districts
				  subject to and within the applicable limits of the jurisdiction of the
				  commission.
(b) This chapter shall
				  govern the conversion of districts into municipal utility districts as provided
				  in TWC, §§54.030 - 54.036.
(c) The term "recreational facilities" means
				  parks, landscaping, parkways, greenbelts, sidewalks, trails, public
				  right-of-way beautification projects, and recreational equipment and
				  facilities. The term includes associated street and security lighting. The term
				  does not include a minor improvement or beautification project to land acquired
				  or to be acquired as part of a district's water, wastewater, or drainage
				  facilities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter A - GENERAL PROVISIONS › Section 293.2 - Duties, Obligations, and Liabilities

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this chapter shall be construed to relieve a
					 district of its legal duties, obligations, or liabilities relative to its
					 responsibilities as defined in the Texas Water Code.