(a) Applicability for secondary constituents. The requirements for secondary constituents apply to all public water systems. Water that does not meet the secondary constituent levels may not be used for public drinking water without written approval from the executive director. When drinking water that does not meet the secondary constituent levels is accepted for use by the executive director, such acceptance is valid only until such time as water of acceptable chemical quality can be made available at reasonable cost to the area(s) in question.
(b) Secondary constituent levels. The maximum secondary constituent levels are as follows.
Attached Graphic
(c) Monitoring frequency for secondary constituents. All public water systems shall monitor for secondary constituents at the following frequency.
  (1) Each groundwater source shall be sampled once every three years at the entry point to the distribution system.
  (2) Each surface water source shall be sampled annually at the entry point to the distribution system.
  (3) Each of the sampling frequencies listed in paragraph (3) of this subsection constitute one round of sampling for groundwater and surface water systems, respectively.
(d) Analytical requirements for secondary constituents. All analyses for determining compliance with the provisions of this subsection shall be conducted in accordance with §290.119 of this title (relating to Analytical Procedures) at a facility certified by the executive director.
(e) Reporting requirements for secondary constituents. Any owner or operator of a public water system subject to the provisions of this section is required to report to the executive director the results of any test, measurement, or analysis required to be made by this section within ten days following receipt of results of such test, measurement, or analysis.
(f) Compliance determination for secondary constituents. Compliance with the requirements of this subsection shall be based on the following criteria:
  (1) A public water system that fails to conduct the monitoring tests required by this subsection commits a monitoring violation;
  (2) A public water system that fails to report the results of the monitoring tests required by this subsection commits a reporting violation; and
  (3) A public water system that exceeds the secondary constituent levels in subsection (b) of this section commits a secondary constituents level violation.
(g) Public notification for secondary constituents. Public notification must be consistent with the requirements of §290.122 of this title (relating to Public Notification).
  (1) Community and nontransient, noncommunity water systems that exceed the secondary constituent level for fluoride but are below the maximum contaminant level listed in §290.106 of this title (relating to Inorganic Contaminants) must notify the public. The notice must be made annually by including it with the water bill or by separate mailing to all customers. The form and content of the notice shall be as prescribed by the executive director.
  (2) If a system exceeds the secondary constituent levels, notice must be given to new customers and in the annual Consumer Confidence Report.

Source Note: The provisions of this §290.118 adopted to be effective September 13, 2000, 25 TexReg 8880; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective January 9, 2008, 33 TexReg 198; amended to be effective March 30, 2017, 42 TexReg 1466