Alternative Compliance Option Assessments and Strategy Development For Applicable Facilities and PWSs
- Texas Drinking Water Solutions provides effective management and performance of compliance implementation strategies and technical assistance to owners, operators, and officials of public water systems (PWS), as well as facilities and businesses concerning state and federal rule requirements which permit the inactivation of existing PWSs and exclusion of facilities and businesses from regulation as a PWS in accordance with applicability requirements as described in 40 Code of Federal Regulations (CFR) 141.3 and § 142.3, and 30 Texas Administrative Code (TAC) § 290.102(a)(1) – (5).
- The definition of a PWS is found in 40 Code of Federal Regulations (CFR) 141.2 (relating to Definitions) and 30 Texas Administrative Code (TAC) § 290.38(71) (relating to Definitions).
- 30 TAC § 290.38(71) – Public water system–A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water. Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year. This term includes: any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or greater at least 60 days out of the year. Without excluding other meanings of the terms “individual” or “served,” an individual shall be deemed to be served by a water system if he lives in, uses as his place of employment, or works in a place to which drinking water is supplied from the system.
- It is also important to understand the definition of connection, drinking water, and human consumption as described in 30 TAC § 290.38(23) and § 290.38(36).
- 30 TAC § 290.38(16) – Connection–A single family residential unit or each commercial or industrial establishment to which drinking water is supplied from the system. As an example, the number of service connections in an apartment complex would be equal to the number of individual apartment units. When enough data is not available to accurately determine the number of connections to be served or being served, the population served divided by three will be used as the number of connections for calculating system capacity requirements. Conversely, if only the number of connections is known, the connection total multiplied by three will be the number used for population served. For the purposes of this definition, a dwelling or business which is connected to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection if:
- (A) the water is used exclusively for purposes other than those defined as human consumption (see human consumption);
- (B) the executive director determines that alternative water to achieve the equivalent level of public health protection provided by the drinking water standards is provided for residential or similar human consumption, including, but not limited to, drinking and cooking; or
- (C) the executive director determines that the water provided for residential or similar human consumption is centrally treated or is treated at the point of entry by a provider, a pass through entity, or the user to achieve the equivalent level of protection provided by the drinking water standards.
- 30 TAC § 290.38(23) – Drinking water–All water distributed by any agency or individual, public or private, for the purpose of human consumption or which may be used in the preparation of foods or beverages or for the cleaning of any utensil or article used in the course of preparation or consumption of food or beverages for human beings. The term “drinking water” shall also include all water supplied for human consumption or used by any institution catering to the public.
- 30 TAC § 290.38(36) – Human consumption–Uses by humans in which water can be ingested into or absorbed by the human body. Examples of these uses include, but are not limited to drinking, cooking, brushing teeth, bathing, washing hands, washing dishes, and preparing foods. However, there are certain conditions that exclude facilities and businesses from regulation as a PWS if they meet specific criteria as described in 40 CFR 141.3 and § 142.3 (relating to Coverage and Scope), and 30 TAC § 290.102(a)(1) – (5) (relating to General Applicability).
- 30 TAC § 290.38(16) – Connection–A single family residential unit or each commercial or industrial establishment to which drinking water is supplied from the system. As an example, the number of service connections in an apartment complex would be equal to the number of individual apartment units. When enough data is not available to accurately determine the number of connections to be served or being served, the population served divided by three will be used as the number of connections for calculating system capacity requirements. Conversely, if only the number of connections is known, the connection total multiplied by three will be the number used for population served. For the purposes of this definition, a dwelling or business which is connected to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection if:
- TDWS coordinates and completes the acquisition and submission of required compliance documentation to governmental entities concerning the inactivation of existing PWSs and exclusion of facilities and businesses from regulation as a PWS in accordance with applicability requirements as described in 40 Code of Federal Regulations (CFR) 141.3 and § 142.3, and 30 Texas Administrative Code (TAC) § 290.102(a)(1) – (5). Specifically, there are alternative water sources available which may be used for drinking water or human consumption purposes that achieve the equivalent level of public health protection provided by the drinking water standards that include:
- Self-Contained Portable Sinks provided for drinking water and human consumption purposes that use approved bottled water sources;
- Self-Contained Portable Water Dispensers provided for drinking water and human consumption purposes that use approved bottled water sources;
- Self-Contained Portable Eye Wash Stations provided for emergency purposes that use approved solutions and bottled water sources; and
- Self-Contained Portable Shower Stations provided for emergency purposes that use approved solutions and bottled water sources.