Riles and Regulations
for
Public Water systems
Adopted 1978
Texas Department of Health
Water Hygiene Division
.002. General.
(a) Authority for requirements.
(1) The Civil Statutes of Texas prescribe the duties of the
Texas Department of Health relating to the regulation
and control of public drinking water systems in the
State. These Statutes require that the Department
review "completed plans and specifications" for all new
public drinking water systems, and that the Department
be notified of any subsequent "material changes",
improvements, additions, or alterations in existing
systems. In order to properly discharge these duties,
the Texas Board of Health is authorized to develop
rules and regulations governing the design of system
facilities, as well as minimum acceptable operating
practices necessary [o protect the public health.
These Statutes are codified in Vernon's Texas Civil
Statutes as Articles 4414a, 4418d, 4419, and 4477-1.
(2) The following rules and regulations have been adopted
by the Texas Board of Health.
(b) Reason for rules and regulations and minimum criteria.
These rules and regulations have been adopted to insure the
inclusion of all data essential for comprehensive consideration
of the contemplated project, or improvements, additions,
alterations or changes thereto and to establish minimum
standardized public health design criteria in compliance
with existing State statutes and in accordance with good
public health engineering practices. In addition, minimum
acceptable operating practices must be specified to insure
that facilities are properly operated to produce and distribute
a safe, potable water.
(c) Authorization for examination of plane.
(1) Engineers of the Water Hygiene Division, Texas Department
of Health, are not authorized to examine and approve
plans for public water system facilities unless the
design engineer has submitted a letter of appointment
from the proper city, water district, company official
or individual stating that he is authorized to prepare
plans and specifications. (See Rule .009. Appendix A
for suggested notice form.)
(2) Plans and spec ificatione will not be considered unless
they have been prepared under the direction of a registered
professional engineer, and the plena show the seal of
the engineer responsible on each sheet.
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002. General. (Cont.)
(~) An engineering report on new systems and a minimum of a
project description letter nn any planning material
must be submitted with or prior to submission of plans
and specifications.
(4) With the contemplated establishment of any new drinking
water system for public use, a statement by the water
purveyor must be provided setting forth his awareness
of the provisions of Article 4477-1, Vernon's Civil
Statutes, relating to the operation of public water
supply systems and his willingness to comply with
applicable provisions thereof, and all applicable rules
and regulations adopted by the Texas Board of Health.
(d) Time to be allowed for consideration of plans. Detailed
plans must be submitted for examination at least two weeks
prior to the time that apptcvai, comments or recommendations
are desired. Prom this, it is not to be inferred that final
action will be forthcoming within the time mentioned.
(e) Limits of approval.
(1) The Water Hygiene Division, Texas Department of Health,
furnishes consultation services as a reviewing body
only, and its registered engineers may neither act as
design engineers, nor furnish detailed estimates.
(2) The Department does not examine plans and specifica-
tions in regard to the structural features of design,
such as strength of concrete or adequacy of reinforcing.
Review will be of features covered by these standards.
(3) The consulting engineer and/or owner must provide
surveillance adequate to assure that facilities will be
constructed according to approved plans.
(4) The approval of plans and specifications shall not be
construed as granting permission to erect signs or
advertise "Public Water Supply Approved - Texas Department
of Health". Such "Approval" covers the establishment
and maintenance of satisfactory operational practices,
as well as compliance with other applicable State
Statutes. (See Rule .008. and Rule .010. Appendix B
for requirements.)
(f) Information required.
(1) Planning material submitted shall in all instances be
in such detail as to permit a comprehensive review to
assure compliance with these standards.
!~
002. General. (Cont.)
(2) A preliminary report proposing processes, methods or
procedures not covered by these rules and regulations,
or a request for an exception to any portion of the
regulations, shall be submitted as early in the planning
- stage as is practical. Agreement at this point between
the design engineer and the Department regarding the
essential design data is desired to eliminate delay or
inconvenience and to avoid the likelihood of having to
revise the detailed final plans.
(3) In general, the planning material submitted shall
conform to the following requirements for the various
documents submitted:
(A) The engineering report shall include at least
coverage of the following items:
(i) Statement of the problem or problems.
(ii) Fresent and future areas to be served, with
population data.
(iii) The source, with quantity and quality of
water available.
(iv) Present and estimated future maximum and
minimum water quantity demands.
(v) Description of proposed site and surroundings
for the water works unite.
(vi) Type of treatment, equipment and capacity of
unite.
(vii) Basic design data, including pumping capacities,
water atoraae and flexibility of system
operation.
(viii) The adequacq of the facilities with regard
to delivery capacity and pressure through
out the system.
(B) All plane and drawings submitted may be printed on
any of the various papers which give distinct
lines. All prints must be clear, legible and
assembled to facilitate review.
(1) The relative location of all facilities which
are pertinent to the specific project shall
be shown.
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002. General. (Cont.)
(11) If stage construction is anticipated, the
overall plan shall be presented, even though
a portion of the construction is to be deferred.
(iii) A general map or plan of the municipality,
water district, or area to be served shall
accompany each proposal for a new water
supply system.
(C) Specifications for construction of facilities
shall accompany all plans. If a process or equipment
which may be subject to "Probationary" acceptance
because of limited application or use in Texas is
proposed, the Department, at its discretion, may
give limited approval, provided the owner is given
a bonded guarantee covering acceptable performance.
The specifications shall include a statement that
such a bonded guarantee will be provided the
owner.
(g) Changes in existing systems or Supplies. Where changes or
alterations are p~ar.~.ed for exis.in~ systems, notification
to the Department shall include sufficient information to
evaluate the public health significance of such changes.
The Department shall determine whether engineering plans and
specifications will be required after initial notification
of the extent of the modifications.
(h) Beginning and completion of work.
(1) The Texas Department of Health, Water Hygiene Division,
shall be notified by the design engineer or the owner
when construction is started.
(2) Upon completion of the water works project, the design
engineer will notify [he Texas Department of Health,
Water Hygiene Division, as to its completion and attest
to the fact that the completed work is substantially in
accordance with the plans and change orders on file
with the Department.
(i) Changes in Plans and specifications. Any addenda or change
orders which may involve a health hazard or relocation of
facilities, such as wells, treatment units and storage
tanks, shall be submitted to the Department for review and
approval.
(j) Planning material acceptance.
(1) Planning material for new water systems which does not
meet the requirements of all portions of these regulations
will not be considered.
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.002. General. (Cont.)
(2) Planning material for improvements to an existing
system which does not meet the requirements of all
portions of these regulations will not be considered
unless the necessary modifications for correcting any
deficiencies are included in the proposed improvements,
or unless the Department determines that reasonable
progress is being made toward correcting the deficiencies,
and no immediate health hazard will be caused by the
delay.
(3) Planning material which contains a request for an exception
to one or more for these rules shall be considered on
an individual basis. The burden of proof rests with
the design engineer to demonstrate to the satisfaction
of the Department that the exception has been requested
because conditions are such that equivalent protection
to the public health of the systems customers is provided
by an alternate means. Any such request must be substantiated
by carefully documented engineering data.
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