Section 290.111 - Surface Water Treatment(a) Applicability. A public water system that treats surface water or groundwater under the direct influence of surface water must comply with the requirements of this section. (1) A public water system that treats surface water must comply with the requirements of this section beginning on the effective date of the rule.(2) A public water system that treats groundwater under the direct influence of surface water must comply with the requirements of this section beginning on a date specified by the executive director. This compliance date shall not exceed 18 months from the date that the executive director first notifies the system that the groundwater source is under the direct influence of surface water.(3) A public water system that treats both surface water and groundwater under the direct influence of surface water must meet the compliance date in paragraph (1) of this subsection at plants that treat any surface water and must meet the compliance date in paragraph (2) of this subsection at plants that treat only groundwater under the direct influence of surface water.(b) Raw surface water monitoring. A public water system that treats surface water or groundwater under the direct influence of surface water must conduct at least two rounds of special raw surface water monitoring at each surface water intake and at each well producing groundwater under the direct influence of surface water for the purpose of establishing minimum treatment technique requirements for Cryptosporidium and other pathogens. The executive director may waive the raw surface water monitoring requirements for an intake or a well if the combination of pathogen removal and disinfection processes used to treat the raw water achieves at least a 5.5-log total removal and inactivation of Cryptosporidium parvum.(1) Raw water monitoring plans. A system must submit a proposed raw surface water monitoring plan when requested by the executive director. The proposed plan must identify all of the system's intakes and wells; provide the location of each raw water sampling point; include the parameters that will be monitored and the frequency and dates that samples will be collected; and specify the laboratories that will perform the analyses. Raw surface water monitoring must be conducted in accordance with a monitoring plan that has been approved by the executive director. The executive director shall not approve a raw surface water monitoring plan unless it indicates that the system will meet the requirements of 40 Code of Federal Regulations (CFR) §§141.701 - 141.707.(2) Sampling location. A system must collect each raw water sample at a location approved by the executive director. Samples must be collected from the raw water line prior to any treatment and before the first point where a recycled stream is returned to the treatment process.(3) Sampling parameters and frequency. A system must collect raw water samples at a frequency approved by the executive director. (A) Unless the executive director approves an alternate sampling regimen, a system must monitor turbidity, Escherichia coli (E. coli), and Cryptosporidium levels in the raw water at least once each month for a period of not less than 24 consecutive months if the system: (i) serves at least 10,000 people; or(ii) is part of combined distribution system in which one or more systems serve at least 10,000 people and the system with the well or intake regularly provides water to another public water supply.(B) A system that is not required to monitor under subparagraph (A) of this paragraph must either monitor in accordance with the requirements of subparagraph (A) of this paragraph or monitor E. coli levels in their raw water at least once every two weeks for a period of not less than 12 consecutive months. A system that does not initially monitor for Cryptosporidium and has elevated E. coli levels must conduct additional raw water monitoring. (i) A system must conduct additional monitoring if the average E. coli level exceeds 100 colony-forming units per 100 milliliters in the raw water produced by a surface water intake located on a river or flowing stream or the raw water from a well producing groundwater under the direct influence of surface water located closest to a river or flowing stream.(ii) A system must conduct additional monitoring if the average E. coli level exceeds 100 colony-forming units per 100 milliliters in the raw water from a surface water intake not located on a river or flowing stream or the raw water produced by a well producing groundwater under the direct influence of surface water not located on a river or flowing stream.(iii) A system that must conduct additional monitoring must monitor Cryptosporidium levels in the raw water at least twice each month for a period of not less than 12 consecutive months, or at least once each month for a period of not less than 24 consecutive months.(C) The executive director may approve an alternate sampling frequency for intakes and wells that operate only part of the year.(4) Sampling schedule and dates. A system must collect raw water samples in accordance with a schedule approved by the executive director. (A) Except as provided in subparagraph (B) of this paragraph, a system must begin each round of raw source water monitoring no later than the date shown in the following table titled "Raw Source Water Monitoring Schedule." Attached Graphic
(B) If a system installs a new well or intake after the date the first round of raw source water monitoring must begin, the system must: (i) submit a proposed monitoring schedule for the first round of special raw surface water monitoring no later than three months after first placing the new source in operation; and(ii) begin the second round of special raw surface water monitoring no later than six years after initial bin classification.(C) A system must collect a raw water sample no sooner than two days before the date approved by the executive director and no later than two days after the approved date, unless an extreme condition or situation exists that poses a danger to the sample collector.(D) A system which is unable to collect a sample within this five-day period must collect the sample as close as possible to the approved date and must notify the executive director in writing why the sample was not collected on the approved date.(5) Replacement samples. If, for any reason, the laboratory is unable to report a valid analytical result for a scheduled sample, the system must submit a replacement sample on a date approved by the executive director.(6) Analytical requirements. Raw water samples collected pursuant to this subsection must be analyzed at an United States Environmental Protection Agency (EPA) approved or a Texas Commission on Environmental Quality accredited laboratory. (A)Cryptosporidium samples must be analyzed using one of the methods approved in 40 CFR § 141.704(a) and by a laboratory that is approved under EPA's Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium in Water.(B)E. coli samples must be analyzed using one of the methods approved in 40 CFR § 136.3(a) for the enumeration of E. coli in source water and by a laboratory that is accredited by the executive director. (i) Systems must ensure that samples are maintained between 0 degrees Celsius and 10 degrees Celsius during storage and transportation to the laboratory.(ii) The time between sample collection and the initiation of the analysis may not exceed 30 hours without the prior approval of the executive director.(iii) The executive director may allow up to 48 hours between sample collection and the initiation of the analysis if the analysis is conducted by the Colilert reagent version of Standard Method 9223B.(C) Turbidity samples must be analyzed using a method and at a laboratory approved by the executive director.(7) Reporting requirements for raw surface water sample results. The owner or operator of a public water system must provide to the executive director with a copy of the results of any test, measurement, or analysis required by this subsection.(A) Results must be submitted using the Raw Surface Water Sampling Report (commission Form 20358) or in another format that is approved by the executive director and contains the information required by 40 CFR § 141.706(e). (i) If the sample was not collected within the five-day window described in paragraph (4)(C) of this subsection, the result must be accompanied by the information required in paragraph (4)(D) of this subsection.(ii) If the laboratory report indicates that a valid analytical result could not be reported, the laboratory report must be accompanied by a request to collect a replacement sample.(B) The results must be submitted within ten days of their receipt by the public water system and no later than ten days after the end of the first month following the month that the sample was collected.(C) The results and any additional information must be mailed to the Water Supply Division, MC 155, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.(c) Treatment technique requirements. A system that treats surface water or groundwater under the direct influence of surface water must meet minimum treatment technique requirements before the water reaches the entry point to the distribution system. (1) The combination of pathogen removal and disinfection processes used by a public water system must achieve at least a 4.0-log removal/inactivation of viruses.(2) The combination of pathogen removal and disinfection processes used by a public water system must achieve at least a 3.0-log removal/inactivation of Giardia lamblia.(3) A public water system that is required by subsection (b) of this section to conduct raw surface water monitoring must comply with the requirements of this paragraph. (A) The average Cryptosporidium level and bin classification shall be determined in accordance with the requirements established by 40 CFR § 141.710. (i) For systems that collect a total of at least 48 Cryptosporidium samples, the average concentration is equal to the arithmetic mean of all sample concentrations.(ii) For systems that collect a total of at least 24 samples, but not more than 47 Cryptosporidium samples, the average concentration is equal to the highest arithmetic mean of all sample concentrations in any 12 consecutive months during which Cryptosporidium samples were collected.(iii) For systems that serve fewer than 10,000 people and monitor for Cryptosporidium for only one year (i.e., collect 24 samples in 12 months), the average concentration is equal to the arithmetic mean of all sample concentrations.(iv) For systems with plants operating only part of the year that monitor fewer than 12 months per year under 40 CFR § 141.701(e), the bin concentration is equal to the highest arithmetic mean of all sample concentrations during any year of Cryptosporidium monitoring.(v) If the monthly Cryptosporidium sampling frequency varies, systems must first calculate a monthly average for each month of monitoring. Systems must then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in paragraphs.(B) Unless otherwise specified in this paragraph, the combination of pathogen removal and disinfection processes must achieve the removal/inactivation of Cryptosporidium parvum specified in the following table titled "Treatment Technique Requirements for Cryptosporidium," beginning 36 months after being assigned a bin classification by the executive director. Attached Graphic
(i) A system that conducts the first round of special raw surface water monitoring according to the schedule contained in subsection (b)(4)(A) of this section must comply with the requirements of this paragraph no later than the date shown in the following table, titled "Compliance Date for Existing Sources." Attached Graphic
(ii) A system that conducts the first round of special raw surface water monitoring according to the schedule contained in subsection (b)(4)(B)(i) of this section must comply with the requirements of this paragraph no later than six years after beginning the first round of monitoring on the new source.(iii) The executive director may allow a system making capital improvements an additional two years to comply with the treatment requirement of this paragraph.(C) A system that has been assigned to Bin 3 or Bin 4 must achieve at least 1.0-log removal/inactivation of Cryptosporidium using one or a combination of the following: bag filters, cartridge filters, chlorine dioxide, membranes, ozone, or ultraviolet light (UV).(D) Prior to the effective date of subparagraph (B) of this paragraph, the combination of disinfection and filtration processes used by a public water system to treat for Cryptosporidium must achieve at least a 2.0-log removal/inactivation of Cryptosporidium parvum.(4) The combination of disinfection and filtration processes at plants that do not monitor each source in accordance with the requirements of subsection (b) of this section must achieve at least a 5.5-log removal/inactivation of Cryptosporidium parvum.(5) The executive director may require additional levels of treatment in cases of poor source water quality.(6) The executive director may establish minimum design, operational, and reporting requirements for watershed control programs and treatment processes used to meet the treatment technique requirements of this subsection.(d) Microbial inactivation requirements. A system that treats surface water or groundwater under the direct influence of surface water must meet minimum disinfection requirements before the water is supplied to any consumer. (1) Inactivation table. The disinfection process must achieve the minimum microbial inactivation levels shown in the following table. Attached Graphic
(A) The disinfection process at treatment plants not described in the Microbial Inactivation Requirements table must provide the level of disinfection required by the executive director.(B) The executive director may require additional levels of treatment in cases of poor source water quality.(C) The executive director may reduce the inactivation requirement for plants that meet the individual filter effluent performance criteria contained in subsection (g)(1) of this section and have been assigned a Bin 1 classification under the provisions of subsection (c)(3) of this section.(D) A system that fails to meet the inactivation requirements of this section for a period of longer than four consecutive hours commits a nonacute treatment technique violation. A system that fails to conduct the additional testing required by paragraph (2)(C) of this subsection also commits a nonacute treatment technique violation.(E) A system that has a plant assigned a Bin 2, 3, or 4 classification under the provisions of subsection (c)(3) of this section and uses UV disinfection facilities to meet the treatment technique requirements for Cryptosporidium must meet the inactivation requirements of this subsection in at least 95% of the water treated each month.(2) Monitoring requirements for chemical disinfectants. Public water systems must monitor the performance of the disinfection facilities to ensure that appropriate disinfectant levels are maintained. All monitoring conducted pursuant to the requirements of this subsection must be conducted at sites designated in the public water system's monitoring plan. (A) The disinfectant residual, pH, temperature, and flow rate of the water in each disinfection zone must be measured at least once each day during a time when peak hourly raw water flow rates are occurring.(B) Disinfection contact time will be based on tracer study data or a theoretical analysis submitted by the system owner or their designated agent and approved by the executive director and the actual flow rate that is occurring at the time that monitoring occurs.(C) Treatment plants that fail to demonstrate an appropriate level of treatment must repeat these tests at four-hour or shorter intervals until compliance has been reestablished.(3) Monitoring requirements for UV disinfection facilities. Public water systems must monitor the performance of the UV disinfection facilities. (A) A system must continuously monitor and record UV intensity as measured by a UV sensor, lamp status, the flow rate through the unit, and other parameters prescribed by the executive director to ensure that the units are operating within validated conditions.(B) A system with a plant that has been assigned a Bin 2, 3, or 4 classification under the provisions of subsection (c)(3) of this section must also monitor and record the amount of water treated by each UV unit each month and the amount of water produced each month when the unit was not operating within validated conditions.(4) Analytical requirements. All monitoring required by this subsection must be conducted at a facility approved by the executive director and using methods that conform to the requirements of § 290.119 of this title (relating to Analytical Procedures). (A) The pH analysis must be conducted using a pH meter with a minimum accuracy of plus or minus 0.1 pH units.(B) The temperature of the water must be measured using a thermometer or thermocouple with a minimum accuracy of plus or minus 0.5 degrees Celsius.(C) The free chlorine or chloramine residual (measured as total chlorine) must be measured to a minimum accuracy of plus or minus 0.1 milligrams per liter (mg/L). Color comparators may be used for distribution system samples only. When used, a color comparator must have current reagents, an unfaded and clear color comparator, a sample cell that is not discolored or stained, and must be properly stored in a cool, dark location where it is not subjected to conditions that would result in staining. The color comparator must be used in the correct range. If a sample reads at the top of the range, the sample must be diluted with chlorine-free water, then a reading taken and the resulting residual calculated.(D) The chlorine dioxide residual must be measured to a minimum accuracy of plus or minus 0.05 mg/L using a method that conforms to the requirements of § 290.119 of this title. The DPD-glycine method using a colorimeter or spectrophotometer may be utilized only with the written permission of the executive director.(E) The ozone residual must be measured to a minimum accuracy of plus or minus 0.05 mg/L using the Indigo Method and using a colorimeter or spectrophotometer.(F) The UV dose must be measured by a calibrated sensor approved by the executive director.(e) Filtration requirements for conventional filters. A system that uses granular media filters to treat surface water or groundwater under the direct influence of surface water must meet minimum filtration requirements before the water is supplied to any consumer. (1) Treatment technique requirements for combined filter effluent. Treatment plants using conventional media filtration must meet the following turbidity requirements. (A) The turbidity level of the combined filter effluent must never exceed 1.0 nephelometric turbidity unit (NTU).(B) The turbidity level of the combined filter effluent must be 0.3 NTU or less in at least 95% of the samples tested each month.(2) Performance criteria for individual filter effluent. The filtration techniques must ensure the public water system meets the following performance criteria. (A) The turbidity from each individual filter effluent should never exceed 1.0 NTU.(B) At a public water system that serves 10,000 people or more, the turbidity from each individual filter effluent should not exceed 0.5 NTU at four hours after the individual filter is returned to service after backwash or shutdown.(3) Routine turbidity monitoring requirements. A system must monitor the performance of its filtration facilities. (A) A system that serves fewer than 500 people and continuously monitors the turbidity level of each individual filter must measure and record the turbidity level of the combined filter effluent at least once each day that the plant is in operation.(B) A system that serves at least 500 people and continuously monitors the turbidity level of each individual filter must measure and record the turbidity level of the combined filter effluent at least every four hours that the system serves water to the public.(C) Except as provided in subparagraph (D) of this paragraph, a system must continuously monitor the filtered water turbidity at the effluent of each individual filter and record the turbidity value every 15 minutes.(D) A system that serves fewer than 10,000 people and monitors combined filter effluent turbidity in lieu of individual filter effluent turbidity under the provisions of § 290.42(d)(11)(E)(ii) of this title (relating to Water Treatment) must: (i) continuously monitor the turbidity of the combined filter effluent and record the turbidity value every 15 minutes; and(ii) measure and record the turbidity level at the effluent of each filter at least once each day the plant is in operation.(4) Special investigation requirements. A system which fails to produce water with acceptable turbidity levels or if the level of removal/inactivation of pathogens is inadequate or cannot be determined, the system must investigate the cause of the problem and take appropriate corrective action. The executive director can waive these special monitoring requirements for systems that have a corrective action schedule approved by the executive director.(A) A public water system that fails to meet the turbidity criteria specified in paragraph (2) of this subsection must conduct additional monitoring. (i) Each time a filter exceeds an applicable filtered water turbidity level specified in paragraph (2) of this subsection for two consecutive 15-minute readings, the public water system must either identify the cause of the exceedance or produce a filter profile on the filter within seven days of the exceedance.(ii) Each time a filter exceeds the filtered turbidity level specified in paragraph (2)(A) of this subsection for two consecutive 15-minute readings on three separate occasions during any consecutive three-month period, the public water system must conduct a filter assessment on the filter within 14 days of the third exceedance.(iii) Each time the filtered water turbidity level for a specific filter or any combination of individual filters exceeds 2.0 NTU on two consecutive 15-minute readings during two consecutive months, the public water system must participate in a third-party comprehensive performance evaluation (CPE). If the system serves at least 10,000 people, the CPE must be conducted within 90 days of the first exceedance in the second month. If the system serves fewer than 10,000 people, the CPE must be conducted within 120 days of the first exceedance in the second month.(iv) A public water system that uses conventional filters may be required to participate in a special investigation conducted by the executive director if, during two consecutive months, the public water system fails to report individual filter effluent turbidity levels on a day when the combined filter effluent turbidity level exceeds 1.0 NTU.(B) A system that serves fewer than 10,000 people, monitors combined filter effluent turbidity in lieu of individual filter effluent turbidity, and fails to meet the turbidity criteria in paragraph (1)(A) of this subsection must conduct additional monitoring. The executive director may waive these special monitoring requirements for systems that have a corrective action schedule approved by the executive director. (i) Each time the combined filter effluent turbidity level exceeds 1.0 NTU for two consecutive 15-minute readings, the public water system must either identify the cause of the exceedance or complete a filter profile on the combined filter effluent within seven days of the exceedance.(ii) Each time the combined filter effluent turbidity level exceeds 1.0 NTU for two consecutive 15-minute readings on three separate occasions during any consecutive three-month period, the public water system must conduct a filter assessment on each filter within 14 days of the third exceedance.(iii) Each time the combined filter effluent turbidity level exceeds 2.0 NTU on two consecutive 15-minute readings during two consecutive months, the public water system must participate in a third-party CPE within 120 days of the first exceedance in the second month.(C) A public water system may be required to participate in a special investigation conducted by the executive director when documentation or lack of documentation from a public water system indicates that the pathogen removal/inactivation levels are inadequate or cannot be determined.(5) Analytical requirements for turbidity. All monitoring required by this subsection must be conducted by a facility approved by the executive director and using methods that conform to the requirements of § 290.119 of this title. Equipment used for compliance measurements must be maintained and calibrated in accordance with § 290.46(s) of this title (relating to Minimum Acceptable Operating Practices for Public Drinking Water Systems). (A) Turbidity must be measured with turbidimeters that use a method that conforms with the requirements as described in § 290.119 of this title.(B) A system monitoring the performance of individual filters with on-line turbidimeters and recorders may monitor combined filter effluent turbidity levels by either continuously monitoring turbidity levels with an on-line turbidimeter or measuring the turbidity level in grab samples with a bench-top turbidimeter.(C) Continuous turbidity monitoring must be conducted using a continuous, on-line turbidimeter and a device that records the turbidity level reading at least once every 15 minutes. (i) Turbidity data may be recorded electronically by a supervisory control and data acquisition system (SCADA) or on a strip chart. The recorder must be designed so that the operator can accurately determine the turbidity level readings at 15-minute intervals.(ii) If there is a failure in the continuous turbidity monitoring equipment at a system serving 10,000 people or more, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment.(iii) If the continuous turbidity monitoring equipment at a system serving fewer than 10,000 people malfunctions, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than 14 working days following the failure of the equipment.(D) A system that monitors combined filter effluent turbidity in lieu of individual filter effluent turbidity under § 290.42(d)(11)(E)(ii) of this title must monitor the performance of individual filters using a bench-top turbidimeter.(E) Combined filter effluent and individual filter effluent turbidity monitoring equipment and all associated data recording devices shall read and record turbidity levels to adequately determine compliance with the requirements as described in this subchapter. The turbidity equipment and all associated recording devices shall read and record levels: (i) at least 10% higher than the turbidity level needed to determine compliance with the highest applicable regulatory requirement as described in this subchapter; (ii) at the lowest method detection limit of the approved turbidimeter; and (iii) at the precision and accuracy necessary to determine compliance with the requirements as described in this subchapter.(f) Filtration requirements for other filters. A system that uses cartridge filters, membrane filters, or other unconventional filtration systems to treat surface water or groundwater under the direct influence of surface water must meet minimum filtration requirements before the water is supplied to any consumer. (1) Treatment technique requirements. A system that uses unconventional filtration technologies such as membrane filters or cartridge filters must meet treatment technique requirements prescribed by the executive director.(A) The filtration facilities must meet combined filter effluent and individual filter effluent turbidity limits established by the executive director.(B) The filtration facilities must be operated and maintained in accordance with requirements that the executive director determines are needed to demonstrate the amount of Giardia and Cryptosporidium removal achieved.(2) Monitoring requirements. A system must monitor the performance of its filtration facilities.(A) A system that serves fewer than 500 people and continuously monitors the turbidity level of each individual cartridge or membrane unit must measure and record the turbidity level of the combined effluent at least once each day that the plant is in operation.(B) A system that serves at least 500 people and continuously monitors the turbidity level of each individual cartridge or membrane unit must measure and record the turbidity level of the combined effluent at least every four hours that the system serves water to the public.(C) A system using membranes must use a method approved by the executive director to continuously monitor the quality of the water produced by each membrane unit and record the monitoring results at least once every five minutes. The executive director may approve monitoring parameters other than turbidity and decrease the frequency to once every 15 minutes if the approved operating parameters will allow consecutive readings to be obtained between backwash or backflush cycles.(D) A system using membranes must conduct direct integrity testing on each membrane unit using a procedure approved by the executive director. (i) Direct integrity tests must be conducted in a manner that will detect a membrane defect of 3 microns or smaller and demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process by the executive director.(ii) Direct integrity test method must calculate the log removal value for a 3-micron size particle and establish an upper control limit which assures that the unit is capable of meeting the removal credit approved by the executive director.(iii) A system that has been assigned a Bin 1 classification under the provisions of subsection (c)(3)(B) of this section must conduct direct integrity tests at least once every seven days. The executive director may reduce the testing requirements for other membrane units.(iv) A system that has been assigned a Bin 2, 3, or 4 classification under the provisions of subsection (c)(3)(B) of this section must conduct direct integrity tests at least once each day that the membrane unit is used for filtration. The executive director may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium removal or inactivation, or reliable process safeguards.(v) A system must immediately conduct a direct integrity test on any membrane unit that produces filtered water with turbidity level above 0.15 NTU on two consecutive readings. The executive director must establish alternate site-specific control limits for systems that use other approved technology in lieu of turbidimeters to continuously monitor the performance of membrane units.(vi) A system must immediately remove any membrane unit that fails a direct integrity test from service until the membrane modules in that unit are inspected and, if necessary, repaired. A membrane unit that has been removed from service may not be returned to service until it has passed a direct integrity test.(E) A system that uses cartridge filters must continuously monitor the performance of the filtration process in a manner approved by the executive director.(3) Analytical requirements. All monitoring required by this subsection must be conducted by a facility approved by the executive director and using methods that conform to the requirements of § 290.119 of this title. Equipment used for compliance measurements must be maintained and calibrated in accordance with § 290.46(s) of this title. (A) Turbidity of the combined effluent must be measured with turbidimeters that meet the requirements of subsection (e)(5)(A) of this section.(B) The turbidity of the water produced by each membrane unit must be measured using the Hach FilterTrak Method 10133. The executive director may approve the use of alternative technology to monitor the quality of the water produced by each membrane unit.(C) A system continuously monitoring the performance of individual cartridges or membrane units may monitor combined effluent turbidity levels by either continuously monitoring turbidity levels with an on-line turbidimeter, or by measuring the turbidity level in grab samples with a bench-top turbidimeter.(D) Data collected from on-line instruments may be recorded electronically by a SCADA system or on a strip chart recorder. The recorder must be designed so that the operator can accurately determine the value of readings at the monitoring interval approved by the executive director.(i) If there is a failure in the continuous monitoring equipment at a system serving 10,000 people or more, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment.(ii) If there is a failure in the continuous monitoring equipment at a system serving fewer than 10,000 people, the system must conduct grab sampling every four hours in lieu of continuous monitoring, but for no more than 14 working days following the failure of the equipment.(E) A system that uses cartridge filters and does not continuously monitor the turbidity of each filter unit must monitor the performance of individual filters at least once each day using a bench-top turbidimeter.(F) Combined filter effluent and individual filter effluent turbidity monitoring equipment and all associated data recording devices shall read and record turbidity levels to adequately determine compliance with the requirements as described in this subchapter. The turbidity equipment and all associated recording devices shall read and record levels: (i) at least 10% higher than the turbidity level needed to determine compliance with the highest applicable regulatory requirement as described in this subchapter; (ii) at the lowest method detection limit of the approved turbidimeter; and (iii) at the precision and accuracy necessary to determine compliance with the requirements as described in this subchapter. (4) Special investigation requirements. A system which fails to produce water with acceptable turbidity levels, or if the level of removal/inactivation of pathogens is inadequate or cannot be determined, the system shall investigate the cause of the problem and take appropriate corrective action. The executive director can waive these special monitoring requirements for systems that have a corrective action schedule approved by the executive director. (A) A public water system that utilizes membrane filters for pathogen removal may be required to participate in a special investigation conducted by the executive director if, during two consecutive months, the system fails to report all required direct integrity test results for a specific membrane unit. (B) A public water system that utilizes membrane filters for pathogen removal may be required to participate in a special investigation conducted by the executive director if, during two consecutive months, a specific membrane unit fails at least one direct integrity test and continues to produce water. (C) A public water system may be required to participate in a special investigation conducted by executive director when documentation or lack of documentation from a public water system indicates that the pathogen removal/inactivation levels are inadequate or cannot be determined.(g) Other treatment credits for systems in Bins 2 through 4. The executive director may grant additional pathogen removal and inactivation credit to systems that meet enhanced design, operational, maintenance, and reporting requirements.(1) Individual filter effluent. The executive director may approve an additional 1.0-log removal credit for Giardia and Cryptosporidium to a treatment plant that uses conventional granular media filters. (A) The executive director will approve the additional credit for a plant if: (i) the system continuously monitored the filtered water turbidity at the effluent of each individual filter and recorded the turbidity value every 15 minutes that the filter was sending water to the clearwell;(ii) the turbidity level at each individual filter effluent is less than or equal to 0.15 NTU in at least 95% of the measurements recorded during the month; and(iii) no individual filter produced water with turbidity level above 0.3 NTU in two consecutive 15-minute readings.(B) The executive director may also approve the additional credit for a plant that does not meet the requirements of subparagraph (A) of this paragraph if: (i) the executive director determines that the failure to meet the requirements of subparagraph (A) of this paragraph could not have been prevented through optimizing plant operations, design, or maintenance; and(ii) the system has experienced no more than two such failures within the most recent 12 months.(2) Combined filter effluent. The executive director may approve an additional 0.5-log removal credit for Cryptosporidium to a treatment plant that uses conventional granular media filters if: (A) the system continuously monitored the filtered water turbidity at the effluent of each individual filter and recorded the turbidity value every 15 minutes that the filter was sending water to the clearwell;(B) the turbidity level at the combined filter effluent is less than or equal to 0.15 NTU in at least 95% of the measurements recorded during the month; and(C) the plant does not receive additional treatment credit under paragraph (1) of this subsection.(3) Second stage filtration. The executive director will approve an additional 0.5-log removal credit for Giardia and Cryptosporidium to a treatment plant that uses a second, separate stage of conventional granular media filters if:(A) the filters in both stages meet minimum design criteria approved by the executive director;(B) all of the water produced by the plant passes through both stages of filtration;(C) the system continuously monitored the filtered water turbidity at the effluent of each individual filter in the first stage of filtration and recorded the turbidity value every 15 minutes that the filter was sending water to the clearwell; and(D) no individual filter in the first stage of filtration produced water with turbidity level above 1.0 NTU in two consecutive 15-minute readings.(4) Other pathogen control strategies. The executive director may approve an additional removal or inactivation credit for other pre-filtration, filtration, or post-filtration strategies that can demonstrate effective, consistent levels of enhanced pathogen control. (A) The alternative strategy must achieve a quantifiable reduction in the risk of waterborne disease in all of the treated water produced by the plant.(B) The alternative strategy must conform to any applicable requirement of 40 CFR §§ 141.715- 141.720.(C) The executive director may establish minimum site-specific design, operational, maintenance, and reporting requirements for any alternative strategy used to meet minimum treatment technique requirements of subsection (c) of this section.(D) The executive director may not approve additional removal credit under the provisions of this paragraph to any strategy that includes a treatment process has been assigned additional removal or inactivation credit under any other provision of this subsection.(h) Reporting requirements. Public water systems must properly complete and submit periodic reports to demonstrate compliance with this section. (1) A system that has a turbidity level exceeding 1.0 NTU in the combined filter effluent must consult with the executive director within 24 hours.(2) A system that treats surface water sources or groundwater sources under the direct influence of surface water must submit a Surface Water Monthly Operating Report each month for each plant. (A) A system that uses alternative treatment technologies or has been assigned a Bin 2, Bin 3, or Bin 4 classification under subsection (c)(3)(B) of this section must submit a Surface Water Monthly Operating Report (commission Form 0102D) for alternative technologies.(B) A system that continuously monitors the performance of individual filters, but is not required to submit commission Form 0102D, must submit a Surface Water Monthly Operating Report (commission Form 0102C).(C) A system that is allowed by the executive director to submit combined filter effluent turbidity in lieu of individual filter effluent turbidity under § 290.42(d)(11)(E)(ii) of this title must submit a Surface Water Monthly Operational Report for Plants That Do Not Have a Turbidimeter on Each Filter (commission Form 0103) each month for each plant that treats surface water or groundwater under the direct influence of surface water.(3) A system that must complete the additional monitoring required by subsection (e)(4)(A)(i) or (B)(i) of this section must submit a Filter Profile Report for Individual Filters (commission Form 10276) with its Surface Water Monthly Operating Report.(4) A system that must complete the additional monitoring required by subsection (e)(4)(A)(ii) or (B)(ii) of this section must submit a Filter Assessment Report for Individual Filters (commission Form 10277) with its Surface Water Monthly Operating Report.(5) A system that must complete the additional monitoring required by subsection (e)(4)(A)(iii) or (B)(iii) of this section must submit a Comprehensive Performance Evaluation Request Form (commission Form 10278) with its Surface Water Monthly Operating Report.(6) A system must submit any additional reports required by the executive director to verify the level of pathogen removal or inactivation achieved by the system's treatment plants.(7) A system must submit its Cryptosporidium bin classification.(8) A system must submit reports required by subsection (b)(7) of this section.(9) Periodic reports required by this section must be submitted to the Water Supply Division, Texas Commission on Environmental Quality, MC 155, P.O. Box 13087, Austin, Texas 78711-3087 by the tenth day of the month following the end of the reporting period.(i) Compliance determination. Compliance with the requirements of this section must be determined using the criteria of this subsection. (1) A public water system that fails to complete source water monitoring or conduct the routine monitoring tests and any applicable special investigations required by this section commits a monitoring violation.(2) A public water system that fails to submit a report required by subsection (h) of this section commits a reporting violation.(3) A public water system that has one or more of the following conditions as specified in subparagraphs (A) - (E) of this paragraph commits an acute treatment technique violation and is required to issue a public notice and a boil water notice within 24 hours in accordance with § 290.122(a) of this title (relating to Public Notification). (A) A public water system using conventional filters that has a turbidity level exceeding 5.0 NTU in the combined filter effluent. (B) A public water system using conventional filters that has a combine filter effluent (CFE) turbidity level exceeding 2.0 NTU at plants that are required to have individual filter effluent (IFE) turbidimeters and failed to properly monitor or record IFE turbidity data during the period when the CFE turbidity level was above 2.0 NTU. (C) A public water system using conventional filters that has a CFE turbidity level exceeding 2.0 NTU at a plant that has only two filters, is not required to continuously monitor the IFE turbidity level at the effluent of each filter, and did not collect IFE turbidity grab samples during the period when CFE levels were above 2.0 NTU. (D) A public water system that fails to submit a report required by subsection (h) of this section for two consecutive months. (E) A public water system using membrane or cartridge filters that has a turbidity level exceeding 1.0 NTU in the combined filter effluent.(4) A public water system using conventional filters that has one or more of the following conditions as specified in subparagraphs (A) - (D) of this paragraph, and has not met the conditions as specified in paragraph (3) of this subsection, commits an acute treatment technique violation and is required to issue a public notice within 24 hours in accordance with § 290.122(a) of this title. (A) A CFE turbidity level exceeding 1.0 NTU during a period when the disinfection protocol did not achieve an inactivation ratio of at least 2.0 for both Giardia and viruses. (B) A CFE turbidity level exceeding 1.0 NTU during a period that IFE turbidity levels were above 2.0 NTU at one or more filters. (C) A CFE turbidity level exceeding 1.0 NTU occurring at a plant that is required to have IFE turbidimeters and fails to properly monitor or record IFE turbidity data during the period when the CFE turbidity level was above 1.0 NTU. (D) A CFE turbidity level exceeding 1.0 NTU occurred at a plant that has only two filters, is not required to continuously monitor the IFE turbidity level at the effluent of each filter, and did not collect IFE turbidity grab samples during the period when CFE levels were above 1.0 NTU.(5) Except as provided in paragraphs (3) and (4) of this subsection, a public water system that violates the requirements of subsections (c), (d)(1), (e)(1), and (f)(1) of this section commits a nonacute treatment technique violation.(6) A system that fails to request a bin classification within six months of completing a round of source water monitoring commits a treatment technique violation.(7) A system that fails to correct the performance-limiting factors identified in a comprehensive performance evaluation conducted under the requirements of subsection (e)(4)(A)(iii) or (B)(iii) of this section commits a violation.(8) A system that fails to properly issue a public notice required by subsection (j) of this section commits a violation.(j) Public notification. The owner or operator of a public water system that violates the requirements of this section must notify the executive director and the people served by the system.(1) A public water system that commits an acute treatment technique violation must notify the executive director and the water system customers of the acute violation within 24 hours in accordance with the requirements of § 290.46(q) of this title and § 290.122(a) of this title (relating to Public Notification).(2) A public water system that has a turbidity level exceeding 1.0 NTU in the combined filter effluent must consult with the executive director within 24 hours of the violation. (A) Based on the results of the consultation, the executive director will determine whether the water system must notify its customers in accordance with the requirements of § 290.122(a) or (b) of this title.(B) A water system that fails to consult with the executive director as required by this paragraph must notify its customers in accordance with the requirements of § 290.122(a) of this title.(3) Except as provided in paragraphs (1) and (2) of this subsection, a public water system that fails to meet the treatment technique requirements of subsections (c), (d)(1), (e)(1), or (f)(1) of this section must notify the executive director by the end of the next business day and the water system customers in accordance with the requirements of § 290.122(b) of this title.(4) A public water system that fails to conduct the monitoring required by this section must notify its customers of the violation in accordance with the requirements of § 290.122(c) of this title.30 Tex. Admin. Code § 290.111
The provisions of this §290.111 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective February 19, 2004, 29 TexReg 1373; amended to be effective December 23, 2004, 29 TexReg 11729; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective May 15, 2011, 36 TexReg 2860; amended to be effective November 8, 2012, 37 TexReg 8849; Amended by Texas Register, Volume 40, Number 30, July 24, 2015, TexReg 4813, eff. 7/30/2015; Amended by Texas Register, Volume 42, Number 12, March 24, 2017, TexReg 1519, eff. 3/30/2017