Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002 Page: 683
657-828 p. ; 28 cm.View a full description of this periodical.
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requirements for nontransient, noncommunity systems is pro-
posed to be moved from subsection (e) to paragraph (7) of sub-
section (e). Subsection (e)(1) is proposed to be reworded to
state the requirement that systems with 1,000 connections or
less must have a single operator meeting the requirements. The
requirements previously contained in subsection (e)(1)(A) - (E)
are proposed to be moved to the rewritten subordinate para-
graphs and subparagraphs. Subsection (e)(2) is proposed to
state the requirement that systems with more than 1,000 con-
nections must employ two operators at the license level given in
the paragraphs which follow. Subsection (e)(3) is proposed to be
reorganized to more clearly describe the conditions under which
a public water system must employ an operator with a given class
of license. Paragraph (3)(A) is proposed to contain the require-
ment, previously contained in paragraph (1), that a public water
system using only purchased water or groundwater must employ
a single Class "D" or higher operator. Proposed paragraph (3)(B)
clarifies that a system with 250 or more connections must em-
ploy a Class "C" operator, if the system uses only groundwater
or purchased water. Proposed paragraph (3)(C) clarifies that a
system with 250 or more connections must employ a Class "C"
Groundwater or higher operator if the system uses only ground-
water. Subparagraph (C) is proposed to be slightly expanded to
address the current technology used for treatment of groundwa-
ter that is under direct potential of contamination from surface
water. Proposed paragraph (3)(D) expands the requirements for
operator levels at systems treating groundwater under the direct
influence of surface water (GUI). Proposed subparagraph (D)(i)
contains the requirement that GUI systems using cartridge filters
employ an operator with either a Class "C" or higher surface wa-
ter license or a Class "C" or higher groundwater license with the
addition of a four-hour Monitoring and Reporting Course. Pro-
posed subparagraph (D)(ii) contains the requirement that GUI
systems using coagulant addition and direct filtration must em-
ploy an operator with either a Class "C" or higher surface water
license or a Class "C" or higher groundwater license with the ad-
dition of a 40-hour Surface Water Production Course. Proposed
subparagraph (D)(iii) contains the requirement that GUI systems
using complete surface water treatments comply with the follow-
ing subparagraph. Proposed subparagraph (D)(iv) contains the
requirement that a GUI system either have an operator with a
Class "C" or higher license at the plant when it is running or
have automatic shutdowns and alarms. Proposed paragraph
(3)(E) sets out the required license levels for operators if a sys-
tem uses surface water. Proposed paragraph (4) states the re-
quirements that beginning January 1, 2004, treatment facilities
at all systems using chlorine dioxide must be under the direct
supervision of a licensed operator that has completed additional
training. Proposed language specifies that public water systems
using chlorine dioxide must place those facilities under the di-
rect supervision of a licensed operator who has a Class "C" or
higher license and has completed an approved water laboratory
course. Paragraph (5) is proposed to contain the requirement
that systems employ a certified operator to inspect any water
treatment facilities prior to those facilities being placed into pro-
duction. Paragraph (6) is proposed to contain the requirement,
previously given under paragraph (5), that a system ensure that
operators have training in the use of water treatment chemicals
to ensure the safety of these workers. Paragraph (7) is proposed
to be added to contain the exemption for transient noncommu-
nity public water systems that do not use surface water systems,
previously contained in paragraph (1).
In 290.46(f)(3)(A), the requirements for record retention for
chemical use and water produced are proposed to be expandedto provide clarification, and to give appropriate requirements
to very small systems serving fewer than 750 people, or 250
connections. In subparagraph (A)(i), the words "each day"
are proposed to be deleted. Subclause (I) of clause (i) is
proposed to be added to contain the requirements previously
implicit in clause (i), that systems that treat surface water or GUI
shall record chemical use daily. Subclause (II) of clause (i) is
proposed to be added to require systems that serve 750 people
or more, or 250 connections or more, shall record chemical use
daily. Subclause (III) of clause (i) is proposed to be added to
require systems that serve fewer than 250 connections and use
only groundwater or purchased water shall record the amount
of chemicals used in a week. Under subparagraph (A)(ii), the
phrase "each day" is deleted and the volume of water used
is clarified in the subclauses. Subclause (I) of clause (ii) is
proposed to be added to contain the requirements, previously
implicit in clause (i), that systems that treat surface water or
GUI must record the volume of water treated daily. Subclause
(II) of clause (ii) is proposed to be added to require systems
that serve 750 people or more, or 250 connections or more,
shall record the volume of water treated daily. Subclause (III)
of clause (ii) is proposed to be added to require systems that
serve fewer than 250 connections, fewer than 750 people, and
use only groundwater or purchased water record the amount of
water treated each week.
Section 290.46(f)(3)(B) is proposed to be expanded to include
the requirement for retention of disinfectant residual monitor-
ing results for three years in proposed new clause (iii). Exist-
ing clauses (iii) - (v) are proposed to be renumbered as (iv) -
(vi). Paragraph (3)(D) is proposed to be reworded to introduce
the records which must be maintained as specified in the sub-
sequent clauses. Clause (i) of subparagraph (D) is proposed
to be added to state that the results of microbial analysis must
be maintained. Clause (ii) of subparagraph (D) is proposed to
be added to require retention of the results of tank inspections
for five years. Subsection (f)(4) is proposed to be amended to
replace the term "Water Permitting and Resource Management
Division" with the term "Water Supply Division" to reflect recent
changes within the agency.
Section 290.46(j)(4) is proposed to be amended to delete the
reference to cities, towns, and villages less than 5,000 persons
because HB 217, Article 2, no longer exempts municipalities of
less than 5,000 population from having licensed plumbing in-
spectors perform plumbing inspections of all new plumbing and
alterations or additions to existing plumbing within the municipal
limits. Section 290.46(m) is proposed to be expanded to make
specific reference to the safety and public health bases of the
requirement for maintenance of public water system facilities. In
subsection (m)(4), the phrase "pressure maintenance facilities"
is added to the list of physical facilities that must be maintained
in good working condition. Section 290.46(n) is proposed to be
expanded to clarify that a system is required to maintain its en-
gineering records and make them available to the executive di-
rector upon request. A sentence has been added to subsection
(n) to clarify that the specific records identified in the next para-
graphs must be maintained by the public water system and be
available for review by the executive director. Subsection (n)(3)
has been revised to clarify that the items listed are examples of
the well completion materials and are not an inclusive list. Sec-
tion 290.46(p)(2) is proposed to be amended to specify that pub-
lic water systems must provide a list annually to the executive di-
rector of the operators they employ and their license level. Sec-
tion 290.46(q)(1) is proposed to be amended to replace the termFebruary 1, 2002 27 TexReg 683
PROPOSED RULES
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Texas. Secretary of State. Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002, periodical, February 1, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113988/m1/25/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.